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Bodan Singh vs State Of U.P. on 14 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 2044 of 2020

Applicant :- Bodan Singh

Opposite Party :- State of U.P.

Counsel for Applicant :- Gufran Ahmad Khan

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Sri Praveen Kumar Srivastava, Advocate has filed vakalatnama on behalf of the complainant is taken on record.

Heard learned counsel for the applicant, Sri Vinddeshwari Prasad holding brief of Sri Praveen Kumar Srivastava, learned counsel for the complainant as well as 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 not harassed or tortured to the deceased. As per postmortem report the cause of death of the deceased has been shown asphyxia due to antemortem hanging which shows that the deceased has committed suicide. Neither the applicant has compelled the deceased to commit suicide nor he has made any additional demand of dowry. It has further been submitted that the applicant is an old person aged about 60 years. The applicant is not a beneficiary of alleged demand of dowry. 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. There is no criminal history of the applicant and is in jail since 16.11.2019.

Per contra, learned counsel for the complainant as well as learned A.G.A have opposed the prayer for bail and argued that at the time of the alleged incident the deceased was pregnant. It has further been submitted that the charge sheet has been submitted only against the applicant and husband of the deceased. The deceased was harassed and tortured by the applicant and her husband due to non fulfilment of demand of dowry. The deceased died an unnatural death within three and half years of her marriage, therefore, the applicant is not entitled 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 Bodan Singh involved in Case Crime No. 239 of 2019, under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Jarif Nagar, District Budaun 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 :- 14.1.2020/A.

 

 

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