HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 2052 of 2020
Applicant :- Jabbar Alias Titi
Opposite Party :- State of U.P.
Counsel for Applicant :- Lalit Singh Tomar
Counsel for Opposite Party :- G.A.
Hon’ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
The submission is that the applicant is jeth of the deceased. It has been submitted that from the perusal of the injury report of the deceased the injury no. 1, which is contused swelling over left side of the face is 27 cm x 19 cm extending from chin to left temporal area. It has been submitted that such a big injury cannot be caused by lathi-danda and it appears that the victim died due to fall from height and suffered injury in head by falling on a brick or any hard surface.It has further been submitted that at the time of the alleged incident the applicant was living separate from the deceased and her husband. The applicant is not a beneficiary of alleged demand of dowry. The applicant has no concern with the alleged incident. There is no direct evidence against the applicant. No incriminating article has been recovered from the possession of the applicant or on his pointing out. Co-accused Smt. Lahjoon and Smt. Gulshan Jethanis of the deceased have already been released on bail by another bench of this Court vide order dated 16.9.2019 in criminal Misc. Bail Application No. 17915 of 2018 , therefore the applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 29.8.2018
Per contra, learned A.G.A has opposed the prayer 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 Jabbar Alias Titi involved in Case Crime No. 1384 of 2017, (S.T. No. 347 of 2018), under Sections 498A, 304B, 316 IPC and 3/4 D.P. Act, P.S. Bhognipur, District Kanpur Dehat be released on bail on his 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 :- 14.1.2020/A.