HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 56530 of 2019
Applicant :- Lalit
Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammad Zakir
Counsel for Opposite Party :- G.A.
Hon’ble Bachchoo Lal,J.
Sri Vijay Shantam, learned counsel filed Vakalatnama on behalf of complainant, 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 Jeth of the deceased. He has falsely been implicated in the present case. The FIR of the alleged incident has been lodged against 5 persons including the applicant making general allegation. No specific role has been assigned to him. It has further been submitted that at the time of alleged incident the applicant was living separate from the deceased and her husband. In the statement of Shiv Narayan it has come that partition has taken place in between applicant, husband of the deceased and other brothers and at the time of alleged incident the applicant was living separate in another house. In the statement of witness Smt. Mithilesh it has also come that at the time of alleged incident the applicant was living separate from the deceased and her husband. There is no direct evidence against the applicant. The applicant is not the beneficiary of the alleged demand of dowry. The applicant has not committed the alleged offence. The case of the applicant is distinguishable from the case of husband of the deceased. The co-accused Smt. Sudha, Jethani of the deceased has already been released on bail by this court vide order dated 5.12.2019 in Criminal Misc. Bail Application No. 53957 of 2019, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 22.10.2019.
Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that in postmortem report the cause of death has been shown asphyxia as a result of throttling. Three injuries have been found on the body of the deceased. The applicant and other co-accused have committed the murder of the deceased and they also took the dead body at Aligarh Medical Hospital where inquest and postmortem of the deceased were conducted, therefore, the applicant 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 Lalit involved in Case Crime No. 05 of 2019, under Sectionsection 498A, Section304B IPC and Section 3/4 D.P. Act, P.S. Naraura, District Bulandshahar 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 :- 19.12.2019