Criminal Miscellaneous Bail Application where the applicant, brother-in-law of the victim charged with Dowry and Attempt to Murder, was granted bail upon furnishing bond and sureties with conditions against tampering.
Release of applicant on bail by furnishing personal bond and two sureties with conditions regarding attendance and non-tampering.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20006 of 2019
Applicant :- Ram Chandra Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Kumar Upadhyay,Vinod Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Vinod Kumar Upadhyay, learned counsel for the applicant, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Ram Chandra with a prayer to release him on bail in Case Crime No. 394 of 2018, under Sections 498A, 307, 323, 326 I.P.C. and 3/4 D.P. Act, Police Station- Saini, DistrictKaushambi , during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is brother-in-law (devar) of the victim. He is innocent and has been falsely implicated in the present case. It is next argued that the victim was earlier married to some other person with whom she remained in relationship for eighteen years. She performed 2nd marriage nine months ago with the co-accusedKamlesh Kumar and on account of strained relation with her husband, she has roped the other family members i.e. motherin-law, brother-in-law (devar), sister-in-law (devrani) in the present F.I.R whereas the charge-sheet has come only against the co-accused-Kamlesh (husband). It is next submitted that general role has been assigned to all the accused persons for setting the victim on fire, due to which she sustained 20 per cent burn injuries. It is next submitted that the applicant has nothing to do with the alleged incident. It is next submitted that on the date of occurrence, the applicant was living separately from the victim and her husband. The photocopies of Ration Card have been filed to show his separate living from the victim. The applicant is languishing in jail since 11.04.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the
applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 13.5.2019 JK Yadav
1 issue framed by the court
Whether the applicant charged with offences under Sections 498A, 307 IPC and D.P. Act is entitled to release on bail.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶10
(2018) 3 SCC 22 · Who else cites this
Ram Chandra
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Manju Rani Chauhan
Parties & counsel
