HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 48608 of 2019
Applicant :- Vikas Verma
Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag Vajpeyi,Ashwini Kumar Awasthi,Sri Manish Tiwari Senior Adv
Counsel for Opposite Party :- G.A.
Heard Shri Manish Tiwari, Senior Advocate assisted by Shri Anurag Vajpeyi, learned counsel 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, Vikas Verma with a prayer to release him on bail in Case Crime No. 680 of 2018, under Sections 498A, Section304B, Section323 IPC, Police Station Kotwali, District- Deoria, during pendency of trial.
It has been submitted that the deceased was married to the applicant on 02.12.2015. On the fateful day of 23.07.2018, she suffered burns due to accident which ultimately resulted into her death. Death was not caused by the applicant and other accused. The deceased was living happily and there was no complaint regarding any torture by the applicant or his family members for the purpose of dowry. It has been submitted that the death of the deceased was caused due to accidental fire and not on account of any act of the applicant or his family members. It has been stated that entire family of the applicant was implicated, but later the Investigating Officer has submitted charge sheet only against the applicant and his father. His father has been enlarged on bail earlier. The applicant has no criminal history to his credit and he is languishing in jail since 27.07.2018. 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.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 22.11.2019