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Kuldeep vs State Of U.P. on 7 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 11

Case :- BAIL No. – 10566 of 2019

Applicant :- Kuldeep

Opposite Party :- State of U.P.

Counsel for Applicant :- Arun Sinha

Counsel for Opposite Party :- G.A.

Hon’ble Rajeev Singh,J.

Heard, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.

The present bail application has been filed on behalf of the applicant in Case Crime No. 258 of 2019, under Sections 498A, Section304B I.P.C 3/4 D.P. Act, Police Station Nighasan , District Lakhimpur Kheri , with the prayer to enlarge him on bail.

The submissions of learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the case and in jail since 27.04.2019. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

Learned counsel for the applicant submits that it is an admitted case of the prosecution in the F.I.R. that marriage of the deceased was solemnized on 16.11.2018 and everything was alright upto five months. Thereafter, the applicant started taking liquor. The deceased stopped him to take liquor but the applicant started quarreling with the deceased after taking liquor. As a result, she committed suicide. He further submits that it is evident from the FIR that no such demand of dowry or cruelty is alleged by the informant. Therefore, no offence under Section 498-A, Section304-B I.P.C and Section 3/4 D.P. Act is made out. The cause of death is due to ante-mortem hanging and no ante-mortem injury was found.

Learned AGA has opposed the prayer for grant of bail to the applicant and submitted that the deceased committed suicide but he has fairly conceded the fact that the deceased committed suicide due to taking liquor of her husband.

Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.

Let applicant Kuldeep be released on bail in Case Crime No. 258 of 2019, on his/their furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

Order Date :- 7.11.2019

shravan

 

 

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