Single judge allowed bail to Manoj Kumar charged under Sections 498-A, 323, and 304-B IPC, and Dowry Prohibition Act, noting it appeared to be an accidental death. Bail granted on personal bond and sureties with standard conditions.
Applicant released on bail on personal bond and two heavy sureties subject to conditions.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20372 of 2019
Applicant :- Manoj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Rejoinder affidavit as well as certified copy of the order-sheet of the trial court filed today are taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He has not committed present offence. Till date, no prosecution witness has been examined. F.I.R. was lodged on the basis of false facts. Deceased died due to electric shock. Applicant is husband of the deceased. Allegations levelled in the F.I.R. are false. It was purely an accidental death. Applicant does not have any previous criminal history. He is languishing in jail since 16.7.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Manoj Kumar involved in Case Crime No.788 of 2017 (Sessions Trial No.321 of 2017) under Sections 498-A, 323, 304-B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kotwali Mainpuri, District Mainpuri be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 7.11.2019 / ss
1 issue framed by the court
Whether the applicant makes out a case for bail when falsely implicated with no prosecution witnesses examined.
Manoj Kumar
Om Prakash-VII
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
