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Dharma Pal vs State Of U.P. on 20 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 37912 of 2019

Applicant :- Dharma Pal

Opposite Party :- State Of U.P.

Counsel for Applicant :- Amit Misra,Sri Viresh Misra, Senior Adv.

Counsel for Opposite Party :- G.A.

Hon’ble Arvind Kumar Mishra-I,J.

Heard Sri Vikas Chandra Mishra, Advocate holding brief of Sri Viresh Misra, learned senior counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.

Contention raised on behalf of the applicant is that he has been falsely implicated in this case being father-in-law ‘(sasur)’ of the deceased. No offence has been committed by the applicant. Neither he ever made any demand of additional dowry nor the deceased was subjected to cruelty or harassment by him. The ingredients of dowry death are not applicable in this case. In fact, the deceased took rigid view to accompany his husband to the place of his employment at Delhi, due to which she was frustrated and without any rhyme or reason all of a sudden committed suicide. The cause of death is ante mortem hanging. In case, the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 15.5.2019.

Learned A.G.A. has opposed prayer for bail.

Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.

Accordingly, bail application is allowed.

Let the applicant – Dharma Pal involved in Case Crime No. 40 of 2019, under Sections – 498A, 304B, 323 SectionI.P.C. and 3/4 D.P. Act, Police Station – Chandaus, District – Aligarh be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 20.9.2019

S Rawat

 

 

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