Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18696 of 2010 Petitioner :- Ravi Verma Respondent :- State Of U.P. Petitioner Counsel :- R.P. Dwivedi 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 learned counsel for the applicant that the applicant is
innocent and has been falsely implicated. The applicant is a husband of the
victim. It is further submitted by the learned counsel for the applicant that
earlier an application under Section 156 (3) CrPC was filed by Shital Verma
(wife of the applicant) on 31.3.2010 and the court below, after perusing the
record, instead of directing the police to register the FIR treated the
application as a complaint case by order dated 16.4.2010 and fixed 28.4.2010
for recording the statement of the prosecutrix under Section 200 CrPC. He
further submits that in the aforesaid application specific allegations were
made against the co-accused Pushpa Devi, Sri Devi and Mitthan Lal and the
applicant was assigned general role. He further submits that as per allegations,
the co-accused Pushpa Devi and Sri Devi stuffed clothes into the mouth of the
prosecutrix and Mitthan Lal poured kerosene oil over the prosecutrix. He
further submits that in the subsequent FIR, the allegation of pouring kerosene
oil over the prosecutrix was made against the applicant , as such, there is
material contradiction in the version of the prosecutrix made in the application
filed under Section 156 (3) CrPC and the impugned FIR. He further submits
that despite the pendency of the complaint case, fresh FIR was lodged on the
similar facts which is nothing but an abuse of the process of law. He further
submits that the applicant has not committed the alleged offence and the
present prosecution has been launched maliciously just to victimse, harass and
pressurise the applicant. He further submits that case of the present applicant
is distinguishable from the case of co-accused Pushpa Devi (Jethani), Sri
Devi (Phupheri Sash) and Mitthan Lal (Sasur). The applicant is in jail since
29.5.2010.
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 Ravi Verma involved in Case Crime No. 15 of 2010, under
Sections 498A, 323, 504, 342 I.P.C. and Section 3/4 Dowry Prohibition Act,
P.S. Mahila Thana, Rakabganj, District Agra 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 :- 21.7.2010
vinay