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Jyoti Prakash Shukla vs State Of U.P. on 3 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 58171 of 2019

Applicant :- Jyoti Prakash Shukla

Opposite Party :- State of U.P.

Counsel for Applicant :- Rakesh Pathak

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 marriage of the applicant was solemnized about nine years ago. The applicant and deceased were living happily and enjoying their married life. There are four children from the wedlock of the applicant and deceased. Prior to the alleged incident no complaint was made by the deceased nor by her parents. It has further been submitted that real fact is that on the day of the alleged incident some hot talk has taken place in between the deceased and her devar on the issue of cooking food. The deceased wants to go to her parental house, the applicant refused to send her parental house, therefore the deceased consumed some poison. The applicant had admitted to the deceased in hospital to save her life but she died on the next day.It has further been submitted that the applicant has not compelled the deceased to commit suicide. There is no cogent evidence with regard to abatement against the applicant. False allegation has been made against the applicant. There is no one to look after the minor children of the applicant. The applicant has not committed the alleged offence. The criminal history of the applicant has been explained in para 3 of the supplementary affidavit filed in support of bail application. The applicant is in jail since 4.9.2019.

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 Jyoti Prakash Shukla involved in Case Crime No. 406 of 2019, under Sections 498A, Section306 IPC and 3/4 D.P. Act, P.S. Puranpur, District Pilibhit 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 :- 3.1.2020/A.

 

 

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