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Lokesh vs State Of U.P. on 14 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 1571 of 2020

Applicant :- Lokesh

Opposite Party :- State of U.P.

Counsel for Applicant :- Rajesh Yadav

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Supplementary affidavit has been filed on behalf of the applicant and Vakalatnama has been filed on behalf of complainant by Sri Phool Chandra, Advocate. Let these documents be 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. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. There is general allegation against the applicant. No specific role has been assigned to him. In postmortem report the cause of death has been shown cardiopulmonary failure due to sudden cardiac arrest. No external mark of injury has been found on the body of the deceased. There is no eye witness of the alleged occurrence. It has further been submitted that applicant has falsely been implicated due to being father of husband of the deceased. At the time of alleged incident the applicant was living separate from the deceased and her husband. The co-accused Smt. Meena, mother-in-law of the deceased has already been released on bail by this court vide order dated 16.12.2019 in Criminal Misc. Bail Application No. 55805 of 2019, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 18.10.2019.

Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that applicant is father-in-law of the deceased. The deceased was harassed and tortured by the applicant and other co-accused for non fulfillment of demand of additional dowry. The applicant has committed the alleged offence, 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 Lokesh involved in Case Crime No. 445 of 2019, under section 498A, 304B IPC and Section 3/4 D.P. Act, P.S. Didauli, District Amroha 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 :- 14.1.2020

Masarrat

 

 

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