HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 43209 of 2015
Applicant :- Rakesh
Opposite Party :- State of U.P.
Counsel for Applicant :- Jay Babu Kesharwani,Mohd. Samiuzzaman Khan
Counsel for Opposite Party :- G.A.
Heard Mohd. Samiuzzaman Khan and Shri Deoraj Singh, learned counsels for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Rakesh with a prayer to release him on bail in Case Crime No. 366 of 2015, under Sections 498A, Section304B IPC, and section 3/4 of Dowry Prohibition Act Police Station Manjhanpur, District- Kaushambi, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is submitted that as per report of the Additional Sessions Judge/F.T.C.-I, Kaushambi dated 1.7.2019 all the witnesses of fact from P.W.1 to P.W.6 have already been examined.The doctor has also been examined and now only Investigating Officer and Tehsildar remain to be examined before the trial court.It is further submitted that till date situation is same and no further witnesses have been examined by the trial court. There is general allegations against the applicant of demand of dowry alongwith other family members.Learned counsel for the applicant has pointed out that independent witness Santosh Kumar in his statement has stated that at the time of incident applicant was not in the house and victim had committed suicide and she was found hanging from the window.
Learned counsel for the applicant has further submitted that witnesses of fact have already been examined ,therefore there is no possibility of tampering with the witnesses in case he is enlarged on bail. He is already in jail for considerable period of time, therefore, he may be enlarged on bail. The applicant is languishing in jail since 10.6.2015, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted 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, let the applicant involved in the aforesaid crime 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 7.12.2019
Atul kr. sri.