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Nawal Singh vs State Of U.P. on 18 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 17737 of 2018

Applicant :- Nawal Singh

Opposite Party :- State Of U.P.

Counsel for Applicant :- Jitendra Kumar Singh,Awadhesh Prasad

Counsel for Opposite Party :- G.A.

Hon’ble Siddharth,J.

Rejoinder and supplementary affidavits filed by learned counsel for the applicant are taken on record.

Heard learned counsel for the applicant and learned A.G.A. for the State.

Submission is that the statements of the father of the deceased, Karan Singh, has been recorded as PW I and mother of the deceased, Smt Suman, has been recorded as PW II. Both the witnesses have not supported the prosecution case and have stated that the victim was suffering from some illness and consumed some medicine by mistake, which resulted into her death. Applicant is the husband of the deceased and is in jail since 31.10.2017.

On the other hand learned AGA has opposed the prayer for bail.

Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the SectionArticle 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Nawal Singh, involved in Case Crime No.295 of 2015, under Sections 498A, Section304 B IPC and Section 3/Section4 of the Dowry Prohibition Act, 1961, Police Station Raksa, District- Jhansi 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

1. The applicant will not tamper with the evidence during the trial.

2. The applicant will not pressurize/ intimidate the prosecution witness.

3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.

5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

Order Date :- 18.9.2019

SS

 

 

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