Allahabad High Court allowed a second bail application filed by Jairam, aged 66, accused of Section 498A and 304-B IPC. The court granted bail with personal bond and sureties subject to standard conditions despite the case pending trial.
Release on bail with personal bond and two heavy sureties subject to conditions regarding conduct and cooperation in trial.
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Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51250 of 2021
Applicant :- Jairam Opposite Party :- State of U.P. Counsel for Applicant :- Pragati,Archana Jha,Shaili Ganguly Counsel for Opposite Party :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
This is the second bail application. The first bail application has been rejected by Hon’ble Samit Gopal,J. Vide order dated 11.1.2021 passed in Criminal Misc. Bail Application No. 57235 of 2019.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 57 of 2019, under Sections 498A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, Police Station Kurara, District Hamirpur.
It has been submitted by learned counsel for the applicant that the applicant Jairam is father-in-law and is aged about 66 years of age. The applicant is living separately from his son and deceased daughter-in-law and has been falsely implicated in the present case. It has been further submitted that only general allegations have been levelled against the applicant and no specific role has been assigned to the applicant. During trial, PW-1 and PW-2 have been examined who have turned hostile. The accused-applicant has no criminal history except the present case and he is prepared to furnish sureties and bonds and there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 16.6.2019 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Per contra learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid
facts as argued by the learned counsel for the applicant.
Considering the entire facts and circumstances of the case as well as submissions made by learned counsel for the parties and without expressing any opinion on merits of the case, I find it a fit case for bail.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed .
Let the applicant-Jairam involved in aforesaid crime be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime similar to the offence of which he is accused after being released on bail.
(iv) 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 him from disclosing such facts to the Court to any police officer or tamper with the evidence.
(v) The identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
Order Date : - 2.3.2023 Puspendra
Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is fit for bail considering his age, lack of criminal history other than the present case, and readiness to furnish sureties and cooperate in trial.
2 provisions across 2 enactments
Jairam
State of U.P.
Nand Prabha Shukla
Puspendra Narayan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
