Court granted bail in a criminal miscellaneous application involving charges of dowry death and cruelty under IPC and Dowry Prohibition Act, imposing conditions and requiring sureties.
Applicant released on bail by personal bond and two sureties with conditions regarding attendance, evidence, and law-abiding conduct.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14152 of 2019
Applicant :- Deepak Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Sumit Goyal Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated for committing dowry death with general allegations being Devar of deceased; that the case of the applicant is identical to co-accused Smt. Aruna (mother-in-law), who has been granted bail by this Court vide order dated 29.3.2019 passed in Criminal Misc. Bail Application No.12610 of 2019, copy of which has been produced for perusal and is taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 15.1.2019.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Deepak Kumar be released on bail in Case Crime No.14 of 2019, under Section 304-B, 498A, 328, 323, I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Sarsawa, District Saharanpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A
I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 5.4.2019 T. Sinha
2 issues framed by the court
Whether the applicant is a fit case for bail in a charge of dowry death and cruelty.
Whether bail can be granted in the present facts without commenting on the merits of the case.
5 provisions across 3 enactments
Deepak Kumar
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Harsh Kumar
Parties & counsel
