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Nathuram vs State Of U.P. on 20 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 50523 of 2019

Applicant :- Nathuram

Opposite Party :- State of U.P.

Counsel for Applicant :- Nanhe Lal Tripathi

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 FIR of the alleged incident was lodged against eight persons including the applicant making general allegation. No specific role has been assigned to the applicant. In postmortem report the cause of death of the deceased has been shown asphyxia due to antemortem hanging. It has further been submitted that at the time of the alleged incident the applicant was living separate from the deceased and her husband. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased and has not compelled the deceased to commit suicide. At the time of the alleged incident the deceased was pregnant. The applicant has not committed the alleged offence. In second statement of the informant Ganeshi Lal it has come that Bhagat Ram husband of the deceased and Smt. Gaura mother-in-law of the deceased have committed the murder of the deceased and in his second statement he has specified the role of husband of the deceased and mother-in-law of the deceased. The applicant has not committed the alleged offence. There is no criminal history of the applicant and is in jail since 26.5.2019.

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 Nathuram involved in Case Crime No. 16 of 2019, under Sections 498A, Section304B, Section323, Section504 IPC and 3/4 D.P. Act, P.S. Saujana, District Lalitpur 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 :- 20.11.2019/A.

 

 

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