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Jai Prakash vs State Of U.P. on 19 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 49829 of 2019

Applicant :- Jai Prakash

Opposite Party :- State of U.P.

Counsel for Applicant :- Irshad Ahmad

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Supplementary affidavit filed on behalf of the applicant is taken on record.

Heard learned counsel for the applicant, learned A.G.A and perused the record.

Learned counsel for the applicant submits that the applicant is husband of the deceased. The applicant has falsely been implicated in the present case. The applicant is languishing in jail since 30.10.2017. During the trial the statements of witnesses of the fact namely, Chandrakesh and Dayawati have been recorded as P.W. 1 and P.W. 2. In their cross examination the above witnesses have not supported the prosecution version and they have clearly stated that the deceased has committed suicide herself and further stated there was no dispute of demand of dowry. In postmortem report the cause of death of the deceased has been shown asphyxia as a result of antemortem hanging. The deceased has committed suicide herself. The applicant has not committed the alleged offence. There is no cogent evidence on record to connect the applicant with the alleged offence. There is no criminal history of the applicant.

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 Jai Prakash involved in Case Crime No. 516 of 2017, S.T. No. 11 of 2018, under Sections 498A, 304B, SectionIPC and 3/4 D.P. Act, P.S. Rajpura, District Sambhal 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 :- 19.11.2019/A.

 

 

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