HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 22479 of 2019
Applicant :- Prem Pal
Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohit Singh
Counsel for Opposite Party :- G.A.
Hon’ble Ram Krishna Gautam,J.
Supplementary affidavit filed today by learned counsel for applicant is taken on record.
By means of this second bail application the applicant Prem Pal has prayed to release him on bail in Case Crime No. 169 of 2018, u/s 498A, 304B SectionI.P.C. and 3/ 4 D.P. Act, P.S. Baniather, District Sambhal (Bheem Nagar).
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
First Bail Application No. 49202 of 2018, Prem Pal Vs. State of U.P., was rejected by this court vide order dated 8.1.2019.
Sri Mohit Singh, learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this very case crime number, which was a case of accident, wherein deceased sustained burn injury and she was taken to hospital by her in-laws, where she was given better treatment. Subsequently, she was referred to Teerthanker Mahaveer Medical College Research Centre, Moradabad, for specialised treatment. She remained there under treatment and succumbed to burn injuries. Her last breath was taken at her in-laws house. Entire medical expenses were borne by the accused- applicant. But father of the deceased got this false case lodged for offences punishable u/s 498A, 304B SectionI.P.C. and 3/ 4 D.P. Act. Bail to the applicant Prem Pal was rejected by this court. Whereas co-accused Mohit has been enlarged on bail by a coordinate Bench of this court vide order dated 25.3.2019 passed in Criminal Misc. Bail Application No. 9601 of 2019. All the witnesses of fact turned hostile. None of them have supported prosecution case. Informant Nanhe is no more. He died, hence, could not be examined and the same has been stated on oath in supplementary affidavit followed with annexure of death report. Other witnesses PW1- Mamta w/o Nanhe, PW2- Kunwarpal, PW3- Raj Bahadur and PW4- Lala have specifically said that no demand of dowry or cruelty with regard to it was ever made by accused persons. Rather it was a case of accident, wherein accused persons tried to save the deceased. They also sustained burn injuries. Deceased was firstly taken to Malhotra Nursing Home and subsequently for specialised treatment to Teerthanker Mahaveer Medical College Research Centre, Moradabad, but she succumbed to above burn injuries. No case of cruelty with regard to demand of dowry at any point of time, what to say soon before death, was there nor it was brought on record. Hence, the applicant be enlarged on bail during trial.
Learned AGA has vehemently opposed the bail application..
Having heard learned counsel for both the parties, gone through the material placed on record, it is apparent that while rejecting first bail application the testimonies of witnesses of fact were not there and they have been examined subsequently. None of them have supported case of prosecution. Hence there seems to be sufficient ground for grant of bail during trial.
Let the applicant, Prem Pal, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 16.10.2019