The Single Judge allowed the bail application of an accused charged with offences under Sections 498-A, 304-B IPC and Section 138 NI Act. The court held that the applicant had made out a case for bail by furnishing a personal bond and two heavy sureties on specified conditions.
Release of applicant on bail by furnishing a personal bond and two heavy sureties.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46845 of 2019
Applicant :- Vineet Opposite Party :- State of U.P. Counsel for Applicant :- Adarsh Bhushan Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
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 "Devar" of the deceased. He has no concern with the present matter. Deceased jumped from the fourteenth floor and due to that reason she died. General allegations have been levelled against the applicant. Initially in the FIR five persons were named but after investigation charge sheet was submitted only against two persons. Husband of the deceased is also in jail. If entire case is taken into consideration then there is no nexus between the demands said to have been made and the cause of death shown in the FIR. Applicant is innocent and has been falsely implicated in the present case. The applicant has no criminal history. He is languishing in jail since 24.5.2019 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 facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the 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 Vineet involved in Case Crime No. 1252 of 2018, under Sections 498-A, 304-B, 34, 120-B I.P.C. and Section 3/ 4 D. P. Act, P.S. Bisrakh, District Gautam Budh Nagar 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 the conditions :
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 :- 6.11.2019
Sachdeva
3 issues framed by the court
Whether the applicant is entitled to bail pending trial in a criminal case under Section 498-A, 304-B IPC read with Section 138 NI Act.
Whether the impugned charges have a nexus with the cause of death of the deceased.
Whether the applicant can be released on bail by furnishing personal bond and sureties.
2 provisions across 2 enactments
Vineet
Om Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
