Kanhai Lal vs State Of U.P.

Ram Krishna Gautam, J

Heard over bail application moved by the applicant, Kanhai Lal, in Case Crime No. 211 of 2020, under Sections-498-A, 304-B, I.P.C. and Section3/4 of Dowry Prohibition Act, Police Station-Sahaswan, District-Badaun.

Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.

Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number being elder brother of the husband of the deceased and is languishing in jail since 30.11.2021; he is of no criminal antecedents; he is of separate living having no concern with the affairs of the deceased or her husband; First Information Report was got lodged by Sunil, brother of the deceased, against five named and one unknown persons with this contention that the deceased was married with Jai Prakash, younger brother of the applicant, about 23 months before, and after six month of marriage, there was a demand of Bullet Motorcycle and L.C.D. T.V. and for which cruelty was made by her husband and family members, but no specific contention about demand of dowry or cruelty with regard to it, against the applicant, is there; co-accused Smt. Beena, with similar accusation, has been enlarged on bail, in Criminal Misc. Bail Application No. 6291 of 2021, by a coordinate Bench of this Court; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail; hence bail has been prayed for.

Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedents.

Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.

Let the applicant, Kanhai Lal, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.