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Gupal vs State Of U.P. on 16 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 55969 of 2019

Applicant :- Gupal

Opposite Party :- State of U.P.

Counsel for Applicant :- Haridwar Singh

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Sri Rajat Kumar Shukla, learned counsel filed Vakalatnama on behalf of complainant, is taken on record.

Heard learned counsel for the applicant, 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. He has falsely been implicated in the present case. The FIR of the alleged incident has been lodged against 5 persons including the applicant making general allegation. At the time of alleged incident the applicant was living separate from the deceased and her husband. He is not the beneficiary of the alleged additional demand of dowry. It has further been submitted that in postmortem report the cause of death has been shown asphyxia as a result of ante mortem hanging. The deceased has committed suicide herself. The applicant has no concern with the alleged incident. The case of the applicant is distinguishable from the case of husband of the deceased. The applicant has no criminal history and is in jail since 13.11.2019.

Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that the deceased died an unnatural death within 2 years of her marriage. Prior to the alleged incident the deceased was harassed and tortured for non fulfillment of demand of dowry. Panchayat has also taken place at several times in between the parties prior to the alleged incident. The applicant and other co-accused have committed the alleged offence, 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 Gupal involved in Case Crime No. 706 of 2019, under Sectionsection 498A, Section304B IPC and Section 3/4 D.P. Act, P.S. Vrindavan, District Mathura 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 :- 16.12.2019

Masarrat

 

 

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