Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1590 of 2010 Petitioner :- Tulsi Respondent :- State Of U.P. Petitioner Counsel :- A. L. Gupta,Shyamu Shukla Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the case. He further submits that
the applicant is father in law of the deceased and general role has been
assigned to him. He further submits that the husband of the victim is in Jail.
He further submits that to co-accused Bhoona Devi ( mother in law), whose
case stands on the same footing, has been granted bail by this court on
12.11.2009 in Criminal Misc. Bail Application No. 29773 of 2009. The case
of the applicant is distinguishable from the case of the husband of the victim.
He further submits that the applicant has no criminal history and is in jail
since 15.12.2002.
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Tulsi involved in Case Crime No. 1628 of 2009 under
Sections 306,498A I.P.C and 3/4 Dowry Prohibition Act, P.S. Sahjanwa,
District Gorakhpur 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:-
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv)The applicant shall report to the police station concerned in the first week
of each month to show his good conduct and behavior.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 21.1.2010
MLK