HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 53142 of 2019
Applicant :- Kailash Gond
Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar
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.
Learned counsel for the applicant submits that the applicant is father-in-law of the deceased. The deceased died of natural death due to sudden cardiopulmonary arrest. The doctor has certified her death as natural death. The viscera report of the deceased also shows that there was no chemical poison found therein. It has further been submitted that the applicant has falsely been implicated in the present case along with his family members. It has further been submitted that co-accused Sharda Devi mother-in-law of the deceased has already been released on bail by another bench of this Court vide order dated 22.11.2019 in Criminal Misc. Bail Application No. 48153 of 2019, therefore the applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 13.6.2019.
Per contra, learned A.G.A 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 Kailash Gond involved in Case Crime No. 103 of 2019, under Sections 498A, Section304B, Section201 IPC and 3/4 D.P. Act, P.S. Mehnagar, District Azamgarh 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 :- 2.12.2019/A.