Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19125 of 2010 Petitioner :- Dharmendra Respondent :- State Of U.P. Petitioner Counsel :- Ramkesh,S.K. Dubey Respondent Counsel :- Govt. Advocte Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
Learned counsel for the applicant submits that the applicant is innocent and
has been falsely implicated. It is further submitted by the applicant that
applicant is the husband. It is further submitted that the present prosecution
has been launched only to harass and victimize the applicant and no specific
role has been assigned to the applicant. It is further submitted that the
applicant’s side has also filed an F.I.R. against the informant and her family
members. The alleged injuries are simple in nature and have been fabricated
to give colour to the prosecution story. The arrest of co-accused Usha Devi
(mother-in-law of the informant) has been stayed by this on 29..6.2010 in Crl.
Misc. Writ Petition No.11277 of 2010. He further submits that the co-accused
Bhagwat and Chandra Shekhar have already been granted bail by this Court
on 15.7.2010 in Crl. Misc. Bail Application No. 18064 of 2010. He further
submits that the applicant has no criminal history and are in Jail since
10.6.2010.
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 Dharmendra involved in Case Crime No.245 of 2010, under
Sections 452, 323, 313, 504, 506, 498A I.P.C. and 3/4 Dowry Prohibition Act,
P.S. Ahraura, District Mirzapur 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 :- 26.7.2010
vinay