HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 56378 of 2019
Applicant :- Yogesh Sharma
Opposite Party :- State of U.P.
Counsel for Applicant :- Yogesh Kumar
Counsel for Opposite Party :- G.A.
Hon’ble Bachchoo Lal,J.
Sri I.P.S. Tomar, learned counsel filed Vakalatnama on behalf of complainant, is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant is Jeth of the deceased. He has falsely been implicated in the present case. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. The applicant is not the beneficiary of the alleged demand of dowry. As per postmortem report the deceased died due to burn injuries. There is no dying declaration of the deceased and there is no direct evidence against the applicant. The FIR has been lodged against 6 named persons including the applicant and one unknown. No specific role has been assigned to the applicant. It has further been submitted that the husband of the deceased was doing job in NOIDA and he was living in Dadari. The applicant has no concern with the alleged incident. It has further been submitted that co-accused Smt. Maya, Jethani of the deceased has already been released on bail by another bench of this court vide order dated 14.11.2019 in Criminal Misc. Bail Application No. 49317 of 2019, therefore, the applicant is also entitled for bail. The case of the applicant is distinguishable from the case of husband of the deceased. The applicant has no criminal history and is in jail since 17.9.2019.
Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that the applicant and other co-accused have committed the alleged offence, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Yogesh Sharma involved in Case Crime No. 339 of 2019, under Sectionsection 498A, Section304B IPC and Section 3/4 D.P. Act, P.S. Khurja Nagar, District Bulandshahar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 19.12.2019