This court granted bail in a second application involving offences under Sections 498A, 304B IPC and the DP Act. Bail is allowed on personal bond and two sureties subject to standard conditions and expeditious trial directives.
Granted bail on personal bond and two sureties with conditions; directed expeditious trial.
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Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46165 of 2018
Applicant :- Shishir Chandra Shukla Opposite Party :- State Of U.P. Counsel for Applicant :- R. P. Singh Parihar Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned AGA for the State.
Applicant has moved the present second bail application seeking bail in Case Crime No. 178 of 2016 under Sections 498A, 304B IPC and 3/4 DP Act PS Belipur District Gorakhpur. The first bail application was rejected by this Court vide order dated 7.4.2017.
Contention of the learned counsel for the applicant is that though it is correct to say that applicant is the husband but the fact remains that cause of death is burn injury. There is nothing on record which may show that she was burnt. Further contention is that applicant has no role to play in controversy in issue. It is lastly contended that the accused applicant is in jail since 15.5.2016 and in case he is released on bail, he will not misuse the said liberty.
Learned AGA has opposed the bail application of the applicant.
In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Shishir Chandra Shukla involved in the aforesaid case crime number be released on bail on his 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, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such 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
learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
However, it is directed that the aforesaid case crime number pending before the concerned court below be decided expeditiously, as early as possible in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702,, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Order Date :- 1.2.2019 SP
1 issue framed by the court
Whether bail shall be granted to the applicant in the present second bail application.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Shishir Chandra Shukla
Vipin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
