HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 54171 of 2019
Applicant :- Govind Singh Kushwaha
Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Pathak,Manoj Kumar
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 Nandoi of the deceased. He has falsely been implicated in the present case. In postmortem report the cause of death has been shown asphyxia as a result of ante mortem hanging. It appears that the deceased has committed suicide herself. The applicant has no concern with the alleged incident. The applicant was residing separate from the deceased and her husband at 1216, near B.G.M. School, Shivaji Nagar, District Jhansi which is far away from the house of his father-in-law and deceased. It has further been submitted that applicant is not the beneficiary of alleged demand of dowry. The marriage of applicant was solemnized with Nanad of deceased namely Manju about 20 years back from the alleged incident and there are two sons of applicant aged about 16 and 15 years. The applicant has falsely been implicated only due to being relative of husband of the deceased. There is no direct evidence against the applicant. The applicant has no criminal history and is in jail since 4.11.2019.
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 Govind Singh Kushwaha involved in Case Crime No. 281 of 2019, under Sectionsection 498A, Section304B IPC and Section 3/4 D.P. Act, P.S. Kotwali, District Jhansi 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 :- 6.12.2019