This is a bail application under Section 439 CrPC filed by Subhash in a dowry-related case involving Sections 498-A, 304-B IPC. The court allowed the bail prayer without expressing an opinion on the merits, imposing standard bond conditions.
Applicant released on personal bond and two sureties in like amount with conditions against tampering and intimidation.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32209 of 2021
Applicant :- Subhash Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Pandey,Rajesh Kumar Dubey Counsel for Opposite Party :- G.A.,Baijant Kumar Mishra
Hon'ble Rajiv Joshi,J.
Heard Sri Om Prakash Pandey, learned counsel for the applicant, learned AGA for the State as well as Sri Baijant Kumar Mishra, learned counsel for the informant and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 270 of 2020, under Sections 498-A, 304-B, 201, 323 IPC & Section 3/4 Dowry Prohibition Act, Police Station-Kaptan Ganj, District-Kushi Nagar.
It is submitted by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. It is next submitted that though the applicant named in the F.I.R. on usual allegation of dowry related atrocities upon informant's daughter Kiran. It is next submitted that the applicant is more than 60 years and is suffering from number of age related ailments. It is next submitted that the deceased has committed suicide after running over by the rail, over the railway track, on 25.08.2020, right in front of the eyes of the informant for which the present F.I.R. is lodged, within no time of the incident. It is also submitted that the applicant who is father-in-law is separately residing from his son and deceased for last three years and having separate ration card. It next submitted that the co-accused Tetari@ Bhooari Devi (wife of the applicant) having identical role to the applicant has already been enlarged on bail vide order dated 17.3.2021 passed in Criminal Misc. Bail Application No. 12381 of 2021, hence the applicant is entitled for bail on the ground of parity.
It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been pointed out that the accused is not having any criminal history and he is in jail since 17.10.2020 and there is no likelihood of early conclusion of trial and hence, the applicant may be released on bail during pendency of trial.
Learned AGA as well as learned counsel for the informant have opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the
nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case. The bail application stands allowed.
Let the applicant- Subhash be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
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 :- 22.10.2021 Akbar
1 issue framed by the court
Whether the applicant is entitled to be released on bail during the pendency of trial.
1 provisions across 1 enactments
Subhash
State of U.P.
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
