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Nibbul @ Komal Prasad vs State Of U.P. on 28 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 51582 of 2019

Applicant :- Nibbul @ Komal Prasad

Opposite Party :- State of U.P.

Counsel for Applicant :- Dinesh Kumar Singh

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Supplementary affidavit filed on behalf of the applicant is taken on record.

Heard learned counsel for the applicant, learned A.G.A and perused the record.

Learned counsel for the applicant submits that the applicant is husband of the deceased. The marriage of the applicant was solemnized with the deceased about 11 years ago from the date of the alleged incident. There are three children from the wedlock of the applicant and deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased and has not compelled the deceased to commit suicide. In the statement of informant Bahadur Seth it has come that the nanad Sita used to quarrel with the deceased and the applicant supported to Sita and also beaten the deceased. The real fact is that the some hot talk had taken place in between the deceased and the sister of the applicant namely, Sita due to which the deceased herself set on fire after pouring kerosene oil. In the statement of children of the applicant namely, Mangroo, Somaru and Guddiya it has come that some quarrel has taken place in between the deceased and (Buaa) Sita due to which the deceased after pouring kerosene oil set her fire herself. There is no cogent evidence with regard to the abatement against the applicant. There are three minor children of the applicant. There is general allegation against the applicant. No specific role has been assigned to the applicant. At the time of the alleged incident the applicant was not present at his house. The applicant has not committed the alleged offence. There is no criminal history of the applicant and is in jail since 11.7.2019.

Per contra, learned A.G.A 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 Nibbul @ Komal Prasad involved in Case Crime No. 171 of 2019, under Sections 498A, 306, SectionIPC, P.S. Chakia, District Chandauli 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 :- 28.11.2019

A.

 

 

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