Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2634 of 2022
Applicant :- Indresh Kumar
Opposite Party :- State Of U.P Thru. Prin. Secy. Home
Counsel for Applicant :- Manoj Kumar Mishra,Piyush Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in F.I.R. No. 191 of 2020, under Sections 498-A, 304-B, 201 IPC and Section 3/4 D.P. Act, Police Station Akhand Nagar, District Sultanpur with the prayer to enlarge her on bail. Learned counsel for the applicant submits that applicant was in love with the daughter of informant and solemnized marriage with her. It is further submitted that after one year from the date of their court marriage, the marriage ceremony was also organized. It is also submitted that the daughter of the informant committed suicide, information of which was given by the applicant to the family members of the deceased. It is next submitted that applicant was doing last rituals of the deceased, but on the basis of concocted facts, information was given to the police and the body of the deceased was taken into custody. The applicant has been dragged on the basis of concocted allegations by the family members of the deceased. It is next submitted that the applicant is the husband of the deceased. It is lastly submitted that the trial is not going on and the applicant, who has no criminal antecedent, is in jail since 13.10.2020. In such circumstances, applicant is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the investigation. Learned A.G.A. opposes the prayer for grant of bail to the Neutral Citation No. - 2022:AHC-LKO:12348
1
applicant and submits that after detailed investigation, charge sheet was filed against the applicant. However, he does not dispute that applicant entered into marriage with the daughter of the informant against the wishes of his family members. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of F.I.R. and other relevant documents, I am of the view that the applicant is entitled to be released on bail. Let applicant - Indresh Kumar be released on bail in F.I.R. No. 191 of 2020, under Sections 498-A, 304-B, 201 IPC and Section 3/4 D.P. Act, Police Station Akhand Nagar, District Sultanpur, on her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 16.3.2022 Amit/-
2
Comments