Court granted bail to Ramji Chaubey, an old person falsely implicated in a dowry death case, noting co-accused bail and lack of specific role in dowry demand. Bail subject to conditions.
Applicant released on bail furnished by personal bond and two sureties subject to conditions.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8292 of 2019
Applicant :- Ramji Chaubey Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Bhushan Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Shri Prmod Kumar Sahni, Advocate has filed Vakalatnama on behalf of first informant, same is taken on record.
Heard learned counsel for the applicant, learned A.G.A., Shri Pramod Kumar Sahni, learned counsel for the first informant and perused the record.
Learned counsel for the applicant contended that the applicant has been falsely implicated for dowry death with general allegations being father-in-law of the deceased; that no specific role has been assigned to the applicant regarding demand of dowry or treating the deceased with cruelty for non-fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that the applicant is an old and aged person; that case of the applicant is distinguishable with husband of deceased; that co-accused Narmada Devi, mother-in-law of deceased, has been granted bail by this Court vide order dated 26.2.2019 passed in Criminal Misc. Bail Application No. 8192 of 2019; that applicant has no criminal history; that applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 26.12.2018.
Learned A.G.A. and learned counsel for the first informant opposed the prayer of bail.
Upon hearing learned counsel and 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 Ramji Chaubey be released on bail in
Case Crime No. 164 of 2018, under Sections 498-A, 304B, I.P.C. and Section 3/4 of D.P. Act, P.S. Chiraiyakot, District Mau, 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 :- 27.2.2019 T. Sinha
2 issues framed by the court
Whether bail should be granted to the applicant charged with dowry death and cruelty?
Whether the complicity of co-accused granted bail and severity of punishment support bail at this stage?
2 provisions across 2 enactments
Ramji Chaubey
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
