HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 11988 of 2019
Applicant :- Gurudayal
Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Dev,Kripa Shanker Yadav
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. He has falsely been implicated in the present case. The applicant has not harassed or tortured to the deceased. There was no dispute of demand of dowry. There is no dying declaration of the deceased. There is general allegation against the applicant. No specific role has been assigned to him. In fact, the deceased sustained injuries while she was cooking food. At the time of alleged incident the applicant was living separate from the deceased and her husband. The applicant has no concern with the alleged incident. The co-accused Smt. Rajo, mother-in-law of the deceased has already been released on bail by another bench of this court vide order dated 6.12.2018 in Criminal Misc. Bail Application No. 46517 of 2018, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 27.9.2018.
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 Gurudayal involved in Case Crime No. 353 of 2018, under section 498A, 304B, 316 IPC and Section 3/4 D.P. Act, P.S. Bhojpur, District Moradabad 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 :- 27.3.2019