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Chandra Pal vs State Of U.P. on 3 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 58172 of 2019

Applicant :- Chandra Pal

Opposite Party :- State of U.P.

Counsel for Applicant :- Upendra Upadhyay

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Sri Anant Ram Dubey, learned counsel filed Vakalatnama on behalf of complainant, is taken on record.

Heard Sri Upendra Upadhyay, learned counsel for the applicant, Sri Shobhit Dubey holding brief of Sri Anant Ram Dubey, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that applicant is father-in-law of the deceased. At the time of alleged incident the applicant was living separate from the deceased and her husband. The applicant has neither made any demand of dowry nor committed any marpit with the deceased. There was no dispute of demand of dowry. There is no direct evidence against the applicant. There is general allegation against the applicant. No specific role has been assigned to him. As per postmortem report the cause of death has been shown asphyxia as a result of throttling. The injuries have also been found on the body of the deceased. The applicant has heard that there was some dispute in between the deceased and her husband but in what circumstances the deceased died, can only be explained by her husband as the applicant is not having any knowledge regarding mode and manner of the incident. The husband of the deceased is in jail. The case of the applicant is distinguishable from the case of husband of the deceased. It has further been submitted that co-accused Rajwati @ Rajjo, mother-in-law of the deceased has already been released on bail by this court vide order dated 2.12.2019 in Criminal Misc. Bail Application No. 47136 of 2019, therefore, the applicant is also entitled for bail. The applicant is an old man aged about 64 years. The applicant has no criminal history and is in jail since 21.5.2019.

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 postmortem injuries have been found on the body of the deceased and the cause of death has been shown asphyxia as a result of ante mortem throttling. The applicant and other co-accused have committed the murder of the deceased, therefore, the applicant is not entitled for bail.

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

Let the applicant Chandra Pal involved in Case Crime No. 58 of 2019, under Sectionsection 498A, Section304B IPC and Section 3/4 D.P. Act, P.S. Dholna, District Kasganj be released on bail on his furnishing a personal bond with 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 evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall 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 :- 3.1.2020

Masarrat

 

 

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