HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 50547 of 2019
Applicant :- Har Prasad Rathor @ Lallu
Opposite Party :- State of U.P.
Counsel for Applicant :- Kandarp Srivastava,Kaustubh Srivastava
Counsel for Opposite Party :- G.A.
Hon’ble Bachchoo Lal,J.
Sri Jai Prakash Prasad, Advocate has filed vakalatnama on behalf of the complainant is taken on record.
Heard Sri Kandarp Srivastava ,learned counsel for the applicant, Sri Rakesh Yadav, holding brief of Sri Jai Prakash Prasad, 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 the applicant is fatherr-in-law of the deceased. The applicant has falsely been implicated in the present case. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased and has not compelled the deceased to commit suicide. It has further been submitted that there is general allegation against the applicant. No specific role has been assigned to the applicant. In postmortem report the cause of death of the deceased has been shown as asphyxia as a result of antemortem hanging. The deceased has committed suicide herself. The applicant has no concern with the alleged incident. It has further been submitted that the applicant and his wife were living separate in same house and the deceased and her husband were living in separate portion of the same house. There is no direct evidence against the applicant. There is no criminal history of the applicant and is in jail since 8.10.2019.
Per contra, learned counsel for the complainant as well as learned A.G.A opposed the prayer for bail and argued that the deceased died within seven months of her marriage and she was harassed and tortured by the applicant and other co-accused, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Har Prasad Rathor @ Lallu involved in Case Crime No. 631 of 2019, under Sections 498A, 304B, SectionIPC and 3/4 D.P. Act, P.S. Jagdishpura, District Agra be released on bail on her furnishing a personal bond and 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 evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will 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 :- 20.11.2019