Court allowed bail to applicant Gulfan Singh charged under Sections 498A, 304B IPC and Dowry Prohibition Act. Grant based on informant's deposition showing separate residence and parity with co-accused mother-in-law already on bail.
Release on bail by executing personal bond and furnishing two sureties with specific conditions.
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Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28443 of 2018
Applicant :- Gulfan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Shiv Sharan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Gulfan Singh in connection with Case Crime No. 27 of 2017 under Section 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S.Vijaygarh, District Aligarh.
Heard Sri Shiv Sharan Tripathi, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA along with Sri Abhinav Tripathi, learned counsel appearing on behalf of the State.
The submission of learned counsel for the applicant is that since the rejection of the first bail application by this Court vide order dated 09.01.2018, the case has been committed to the sessions and proceeded to trial, where in the ongoing trial in Sessions Trial No. 377 of 2017, the informant-PW-1, Atar Singh, who is the father of the deceased has generally spoken exculpatory. Amongst others things, he has said that the father-in-law, Gulfan Singh and the mother-in-law, Munni Devi lived in a separate house, away from that of his deceased daughter and her husband. It is further argued that co-accused, Munni Devi, mother-in-law, who is identically circumstanced as the applicant has been admitted to the concession of bail by this Court vide order dated 25.06.2018 passed in Criminal Misc. Bail Application No. 23357 of 2018. As such, the applicant is also entitled to the benefit of parity. It is argued that the applicant is a respectable man with no criminal history, and, is in jail since 19.04.2017.
Learned AGA has opposed the prayer for bail and submitted that it is a case of death by strangulation. He, however, does not dispute the fact that the mother-in-law, Munni Devi, has been granted bail and the husband is in jail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, in particular, the changed circumstances where the informantfather has said in his deposition during the ongoing trial that the applicant and the mother-in-law stayed in a different house
from that of the deceased, and the fact that the co-accused, mother-in-law has been granted bail by this Court vide order dated 29.01.2018 passed in Criminal Misc. Bail Application No. 23357 of 2018, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Gulfan Singh involved in Case Crime No. 27 of 2017 under Section 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S.Vijaygarh, District Aligarh be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 10.12.2018
Deepak
1 issue framed by the court
Whether the applicant is entitled to bail given the informant's changed deposition placing him in a separate house and the co-accused mother-in-law having already been granted bail.
Gulfan Singh
J.J. Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
