Allahabad High Court
Kuldeep Singh vs State Of U.P. on 3 August, 2016
Bench: Naheed Ara Moonis
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25444 of 2016
Applicant :- Kuldeep Singh
Opposite Party :- State Of U.P.
Counsel for Applicant :- Anurag Pathak,Harshit Pathak
Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Applicant - Kuldeep Singh seeks bail in Case Crime No. 180 of 2016, under Section 306 IPC, Police Station Kutubsher, District Saharanpur.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
The submission of the learned counsel for the applicant is that the deceased is the wife of the applicant and F.I.R. was lodged by father of deceased against the applicant that the applicant demanded Rs.50 lacs as dowry from her parents on which she was committed suicide. The applicants have three children. The investigating officer also recorded statement daughter of the deceased aged about 13 years, who has stated that due to some hot exchange of words in between deceased and grand mother, she committed suicide by closing herself in her room and by hanging herself from a ceiling fan. There is no eye witness in the said incident. The applicant is in jail since 16.5.2016 and has no criminal history to his credit deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
Learned A.G.A. has contended that the victim was done to death in a very gruesome and atrocious manner, as she was harassed and tortured by the applicant. The deceased has died an unnatural death, therefore, the applicant is not entitled for bail. In case the applicant is allowed to be released on bail, he will tamper with the prosecution evidence and flee away from the judicial process.
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.
Without expressing any opinion on the merits of the case, let the applicant Kuldeep Singh involved in aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. He will cooperate in the trial bonafidely without seeking adjournments.
3. He shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 3.8.2016
RU
