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Judgment
Anil Kumar Ojha, J
Heard Sri Ramakar Shukla, Advocate holding brief of Sri Manoj Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 17 of 2022, under Section 498A, 304B of I.P.C. & 3/4 of Dowry Prohibition Act, registered at P.S.- Sonwa, District- Shrawasti.
Submission of learned counsel for the applicant is that the applicant is innocent and has not committed the alleged offence. There is no specific allegation against the applicant. There are only general allegation of demand of dowry levelled against all the accused. The applicant is father-in-law of the deceased. There is no fresh injury on the person of the deceased. She died due to hanging. Further submitted that the co-accused Ramkunwara has been granted bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 4336 of 2022 vide order dated 05.05.2022 and claimed parity. The applicant has no criminal history; he is languishing in jail since 14.03.2022.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that the applicant is father-in-law of the deceased and there is no specific allegation against him, without expressing any opinion on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Radhey Shyam involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
The applicant shall not tamper with the evidence or threaten the witnesses.
The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.