Case :- CRIMINAL MISC. BAIL APPLICATION No.…
Released on bail furnishing personal bond and two sureties.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12012 of 2019
Applicant :- Abhishek Singh @ Sundar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Beerendra Pratap Singh,Balwant Singh,Indra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Indra Kumar Singh, learned counsel for the accused-applicant, learned A.,G.A. for the State and perused the record.
This bail application has been given by the accusedapplicant Abhishek Singh alias Sundar Singh in S.T. No. 146 of 2018, Case Crime No. 0002 of 2018, under Sections 498A, 304B I.P.C. and Section ¾ of Dowry Prohibition Act, P.S. Bansgaon, District Gorakhpur.
On the basis of the F.I.R. lodged by the informant Sudama Singh the police conducted investigation and charge sheet was submitted against the accused-applicant who happens to be the husband of the victim. The F.I.R. shows that the marriage between the victim and the accused-applicant took place on 7.5.2017 and there was continuous cruelty and harassment on account of non-fulfilment of demand of dowry and finally on 4.1.2018 the informant received information on phone that the victim has died.
Submission of learned counsel is that the main witness Sudama Singh, who is the informant in the case, has been examined before the Trial Court and he has been declared hostile and has denied his statement given under Section 161 Cr.P.C. to the Investigating Officer. The witness has denied the allegation of F.I.R. that the victim was put to harassment and cruel treatment on account of nonfulfilment of demand of dowry. Another witness Sadhwi Rishu Shahi, P.W. 2 has also been examined and she has shown her complete ignorance about the incident and there is nothing in her statement with regard to cruelty and harassment and demand of dowry.
Learned A.G.,A. has produced the charge sheet for perusal of this Court which shows that these were the two main witnesses who have turned hostile and others are either the formal witnesses or witnesses of inquest report or the police witnesses. In view of the statements given by these
witnesses during the trial, learned counsel for the accusedapplicant has submitted that the accused-applicant, who is in jail since 7.1.2018, may be released on bail as there remains no enough material of influencing the trial or the witnesses.
Learned A.G.A. has strongly opposed the prayer for bail. Considered the submissions made by the learned counsel for both the sides. In view of the two statements made by the fact of witnesses during the trial and also considering the fact that for the last two years the accused-applicant is in jail I find it to be a fit case for bail
Let applicant Abhishek Singh alias Sundar Singh be released on bail in S.T. No. 146 of 2018, Case Crime No. 0002 of 2018, under sections 498A, 304B I.P.C. and Section 3/4 of Dowry Prohibtion Act,, P.S. Bansgaon, District Gorakhpur, 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 not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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 :- 6.1.2020 CPP/-
2 issues framed by the court
Whether the accused-applicant should be released on bail given hostile prosecution witnesses.
If a claim of no milk in the milk bottle is sufficient for bail.
Abhishek Singh alias Sundar Singh
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
