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Jay Ram vs State Of U.P. on 4 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 48704 of 2019

Applicant :- Jay Ram

Opposite Party :- State of U.P.

Counsel for Applicant :- Satyendra Kumar Singh,Saral Singh

Counsel for Opposite Party :- G.A.,Rajneesh Tripathi

Hon’ble Bachchoo Lal,J.

Supplementary affidavit filed on behalf of applicant, 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. No charge-sheet was submitted against the applicant. The applicant has been summoned to face trial on the basis of an application moved under Sectionsection 319 Cr.P.C. It has further been submitted that there is general allegation against the applicant. No specific role has been assigned to him. In postmortem report the cause of death of the deceased 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. It has further been submitted that co-accused Bablu, husband of the deceased has already been released on bail by another bench of this court vide order dated 22.2.2019 in Criminal Misc. Bail Application No. 40555 of 2018, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 23.9.2019.

Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that applicant is making pressure upon the witnesses and a complaint has also been filed against the applicant in which he has been summoned to face the trial, therefore, he 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 Jay Ram involved in Case Crime No. 131 of 2016, under Sectionsection 498A, Section304B IPC and Section 3/4 D.P. Act, P.S. Kurra, District Mainpuri 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 :- 4.12.2019

Masarrat

 

 

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