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Shyam Sunder vs State Of U.P. on 15 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 34

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 43419 of 2017

Applicant :- Shyam Sunder

Opposite Party :- State Of U.P.

Counsel for Applicant :- Shiv Singh Yadav,Mohd. Shahanshah Khan

Counsel for Opposite Party :- G.A.

Hon’ble Sudhir Agarwal,J.

1. Heard Sri Mohd. Shahnshah Khan, learned counsel for the applicant, learned A.G.A. appearing for State and perused the record.

2. The present third bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No. 320 of 2015, under Sections 498A, Section304B IPC and 3/4 SectionDowry Prohibition Act, Police Station Robertsganj, District Sonbhadra. The first two bail applications have been rejected by this Court for want of prosecution.

3. Learned counsel for applicant submits that though deceased herself committed suicide by taking poison, which has been found in viscera examination report but applicant has been falsely implicated, inasmuch as, when condition of deceased deteriorated, applicant and his family took her to hospital but she could not be recovered and ultimately died. There is no chance of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is having no criminal antecedents. The applicant is in jail since 20.3.2015 and in case he is enlarged on bail, he will not misuse liberty of bail.

4. Learned A.G.A. has opposed the prayer for bail.

5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.

6. The application is allowed.

7. Let applicants, Shyam Sunder involved in Case Crime No. 320 of 2015, under Sections 498A, Section304B IPC and 3/4 SectionDowry Prohibition Act, Police Station Robertsganj, District Sonbhadra be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:

(i) The applicant will not temper with the evidence during trial.

(ii) The applicant will not pressurize/intimidate the prosecution witness.

(iii) The applicant will appear before Trial Court on the date fixed.

(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.

8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.

Order Date :- 15.7.2019

KA

 

 

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