HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 2464 of 2019
Applicant :- Ram Milan
Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Raksha Tiwari,Jitendra Singh
Counsel for Opposite Party :- G.A.,Shri Chandra
Hon’ble Pradeep Kumar Srivastava,J.
List has been revised. None is present on behalf of complainant.
Heard Sri Jitendra Singh, 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 namely Ram Milan with a prayer to enlarge him on bail in Case Crime No. 40 of 2018, under Sections 498A, 306 IPC, Police Station Pailani, District Banda.
As per first information report, the complainant Badalu Ram was lodged the named FIR against four persons including applicant who is the husband of the deceased making allegations that the accused-applicant and his family members demanded dowry and because of non-fulfilment demand of dowry, they started harassing and committing maar-peet with the deceased. Subsequently, deceased died in suspicious circumstances.
The submissions of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is further submitted that during investigation, it was discovered that the deceased with her son jump into well and both died and it was also discovered that contrary to the version of FIR, marriage of the deceased took place in the year 2008 and it shows that the death of the deceased took place after expiry of seven years. It is further submitted that the allegation in the FIR is contradictory that what has come during investigation. Lastly, he has submitted that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is languishing in jail since 3.4.2018 hence, he is entitled to bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant and has submitted that it was a case of dowry death but because of death occurred after expiry of seven years, on that technical reason, the charge sheet has submitted for the offence of abatement to suicide.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 10.1.2020