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Ali Muhammad vs State Of U.P. on 10 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 1586 of 2020

Applicant :- Ali Muhammad

Opposite Party :- State of U.P.

Counsel for Applicant :- Niklank Kumar Jain

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,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 father-in-law of the deceased. The applicant has falsely been implicated in the present case. There was no dispute of demand of dowry. The applicant has neither harassed or tortured to the deceased nor made any additional demand of dowry. It has further been submitted that there is general allegation against the applicant. No specific role has been assigned to the applicant. As per postmortem report the cause of death of the deceased has been shown asphyxia as a result of antemortem hanging. The deceased has committed suicide herself. At the time of the alleged incident the applicant was living separate from the deceased and her husband. The applicant has no concern with the alleged incident. The case of the applicant is distinguishable from the case of the husband of the deceased. Co-accused Smt. Gurjar mother-in-law of the deceased has already been released on bail by this Court vide order dated 7.1.2020 in Criminal Misc. Bail Application No. 452 of 2020, therefore the applicant is also entitled for bail. The applicant is an old person aged about 62 years. There is no criminal history of the applicant and is in jail since 7.10.2019.

Per contra, learned A.G.A has opposed the prayer for bail.

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Ali Muhammad involved in Case Crime No. 214 of 2019, under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Awagarh, District Etah 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:-

1. The applicant will not tamper with the evidences.

2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.

3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 10.1.2020/A.

 

 

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