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Chandrashekhar vs State Of U.P. on 15 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 21333 of 2018

Applicant :- Chandrashekhar

Opposite Party :- State Of U.P.

Counsel for Applicant :- Vijay Bahadur Shivhare,Arun Kumar Singh

Counsel for Opposite Party :- G.A.

Hon’ble Siddharth,J.

Counter affidavit filed by learned AGA is taken on record.

Heard learned counsel for the applicant and learned A.G.A. for the State.

Submission is that the applicant is husband of the deceased. The cause of death of the deceased was not ascertained. Statements of first informant PW I, father of the deceased; PW II, mother of the deceased; PW III, Mama of the deceased and PW IV, real sister of the deceased have been recorded. PW I has supported the prosecution case in his evidence but PW II, PW III and PW IV have been declared hostile. The applicant is in jail since 22.08.2015.

On the other hand learned AGA has opposed the prayer for bail.

Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the SectionArticle 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Chandrashekhar involved in S.T. No.177 of 2015, involved in Case Crime No.825 of 2015, under Sections 498A, Section304B IPC and Section 3/Section4 Dowry Prohibition Act, Police Station Jariya, District- Hamirpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

1. The applicant will not tamper with the evidence during the trial.

2. The applicant will not pressurize/ intimidate the prosecution witness.

3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are 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 conditions, the complainant is free to move an application for cancellation of bail before this court.

Keeping in view all the facts of the case, the Trial Court is directed to conclude and decide the trial within a period of six months from the date of production of certified copy of this order.

Order Date :- 15.10.2019

SS

 

 

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