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Dinesh Singh vs State Of U.P. on 3 April, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 13839 of 2019

Applicant :- Dinesh Singh

Opposite Party :- State Of U.P.

Counsel for Applicant :- Dr. C.P. Upadhyay

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Heard learned counsel for the applicant, 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. The deceased was pregnant. Due to delivery pain on 18.8.2016 the deceased was admitted in hospital at Sant Kabir Nagar. Thereafter, she was shifted at Gorakhpur hospital where due to excess bleeding she died. The cremation of deceased and her newly born child was made in the presence of family members of the deceased as well as villagers. The FIR of the alleged incident was lodged after 10 days from the date of alleged incident. In fact, there was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. The deceased died due to excess bleeding after delivery. The applicant admitted the deceased in several hospitals to save her life but she could not survive. False story has been concocted by the prosecution. The applicant is an old man aged about 64 years. The applicant has no criminal history and is in jail since 28.2.2019.

Per contra; learned A.G.A. has opposed the prayer 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 Dinesh Singh involved in Case Crime No. 2077 of 2017, under section 498A, 304B, 201 IPC and Section 3/4 D.P. Act, P.S. Khalilabad, District Sant Kabir Nagar 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 :- 3.4.2019

Masarrat

 

 

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