Allowed
Sachin v. State of Up Though Principal Secretary U.P.
Allahabad HCBAIL/6138/2022
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from the order text
What is this about?
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
What the court decided
AI extract
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6138 of 2022
Applicant :- Sachin Opposite Party :- State Of Up Though Principal Secretary U.P. Counsel for Applicant :- A.C.Srivastava,Ravitendra Pratap Singh Chandel Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
This is second bail application.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been argued by the learned counsel for the applicant that applicant is innocent and that he has not committed any offence. It was stated that the first information report was lodged making false and baseless allegations that deceased was harassed on account of dowry demand. Applicant is husband of deceased. Learned counsel submitted that deceased has committed suicide at her parental home and there is nothing to show that applicant has abetted the deceased to commit suicide.
It has been further submitted that the first bail application of applicant was rejected by this Court vide order dated 27.7.2021, passed in Criminal Misc. Bail Application No.38935 of 2020 and after that the material witnesses have already been examined before the trial court and they have not supported the prosecution version and turned hostile. Learned counsel has referred the statement of P.W.1 Kuldeep, who is father of deceased, and submitted that he denied the prosecution version and stated that his daughter was under depression and she has committed suicide at his home due to that reason. Similarly, P.W.2 Nirmla, who is grand-mother of deceased and P.W.3 Smt.
Kusum, who is mother of deceased, have also not supported the prosecution version and stated that deceased was never harassed on account of dowry demand. These witnesses have denied the prosecution version regarding dowry demand or harassment of deceased. It has been submitted that the applicant is languishing in jail since 21.02.2020 having no criminal history. It was further submitted that in case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Sachin involved in case crime No.547 of 2019, under Sections 498-A, 304-B and 3/4 Dowry Prohibition Act, P.S. Inchouli, District Meerut, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 11.11.2022 Neeraj
Digitally signed by NEERAJ KUMAR SINGH Date: 2022.11.11 16:17:49 IST Reason: Location: High Court of Judicature at Allahabad
Sachin
Raj Beer Singh
As recorded by the court registry
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