Criminal Misc. Bail Application allowed. The court held that the applicant, a brother-in-law of the deceased falsely implicated in a dowry-murder case, was a fit case for bail. He was ordered released on personal bond and two sureties.
Applicant Dinesh released on bail by furnishing personal bond and two sureties each in like amount.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10004 of 2019
Applicant :- Dinesh Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Ms. Ladlee Pandey, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against two accused persons, namely, Naresh and Dinesh alleging that Sangeeta Devi, sister of the complainant was married with Naresh before twelve years and for demand of Rs.50,000/- they killed her through strangulation and dead body was hanged on tree.
Learned counsel for the applicant submitted that the applicant is brother-in-law ('Jeth) of the deceased and is languishing in jail since 6.8.2018 (about seven months) having no criminal history. The applicant is innocent and has been falsely implicated in the present case. General role has been assigned to the applicant. Main allegation has been assigned against the husband of the deceased. The case of the applicant is distinguishable from the case of co-accused Naresh. This is a case of suicide. He had no concern with the demand of dowry and he is not beneficiary of the same. He is living separately. She has committed suicide herself and the reason better known to her. There is no independent witness against the applicant. There is no eye witness account and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Dinesh involved in Case Crime No. 186 of 2018, under Section 498A, 302 IPC , Police Station-Awagarh, District-Etah be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of
the court concerned subject to following conditions:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 8.3.2019 OP
2 issues framed by the court
Whether bail should be granted to the applicant accused of dowry-related murder.
Whether the applicant can furnish bond and sureties as conditions for release.
Dinesh
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
