Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33376 of 2008 Petitioner :- Manoj Kumar Nishad Alias Manju Respondent :- State Of U.P. Petitioner Counsel :- Sanjay Kumar Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Surendra Singh,J.
Applicant- Sukhvir seeks bail in Case Crime No. 189 of 2009 under
Sections 147,323,504,506,307,498-A IPC read with Section 3/4 Dowry
Prohibition Act, Police Station Kakod District Gautam Budh Nagar.
Heard Sri Nishant Mehrotra and Sri Pranjal Mehrotra, learned counsel
for the applicant as well as learned AGA for the State and perused the
material placed on record.
It is contended by the learned counsel for the applicant that the
applicant is an unfortunate father-in-law of the victim/deceased Vimlesh
and the allegation against him and other co-accused persons are as
usual demand of a car and additional dowry. He has further submitted
that the applicant has got no concern with the alleged demand of dowry
or any consequential harassment. From any stretch of imagination, she
would not have been the beneficiary of the alleged dowry. He further
submitted that under the similar set of circumstances, co-accused
Premvati, mother-in-law and Darshan Singh, the husband of the victim
have been granted bail by the learned Sessions Judge. He further
contends that the case of the applicant stands on the better footing. He
next argued that all the injuries sustained by the victim were simple in
nature except injury no.1 which was kept under observation and the X-
ray was advised but there has been no X-ray examination. He also
pointed out that the applicant has been released on bail in Case Crime
No.168 of 2009, under Sections 498-A/304-B IPC read with Section 3/4
Dowry Prohibition Act by another Bench of this Court on 12.11.2009 in
Criminal Misc. Bail Application No.30778 of 2009 relying upon the
statement of the informant Dharm Pal Singh recorded under Section
164 Cr.P.C. . The case of the applicant is distinguishable from the case
of other co-accused-persons. The applicant is in jail since 11.7.2009
and having no criminal history to his credit, he deserves to be released
on bail.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment,
reasonable apprehension of tampering the witnesses, prima facie,
satisfaction regarding proposed evidence and genuineness of the
prosecution case were duly considered.
Considering the totality of circumstances of the case, I consider it a fit
case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the
applicant- Sukhvir involved in aforesaid crime be released on bail on his
furnishing a personal bond of Rs. 25,000/- and two sureties each in the
like amount to the satisfaction of the court concerned.
Order Date :- 22.1.2010
Mt/