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Om Prakash vs State Of U.P. on 7 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 54337 of 2019

Applicant :- Om Prakash

Opposite Party :- State of U.P.

Counsel for Applicant :- Ram Bahadur,Ravi Jha,Shri Anil Srivastava, Senior Adv.

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 deceased has solemnized love marriage with the son of the applicant in the year 2017. The husband of the deceased was selected as constable in U.P. police in the year 2018. The deceased and her husband were living at district Varanasi and the applicant was living separate from the deceased and her husband at district Ambedkar Nagar. There was no dispute of demand of dowry. The deceased has solemnized her love marriage. There was no question of demand of dowry. In postmortem report the cause of death of the deceased has been shown asphyxia as a result of antemortem hanging. The applicant has not harassed or tortured the deceased. The applicant has no concern with the alleged incident. There is no direct evidence against the applicant. The applicant has falsely been implicated in the present case due to being father of the husband of the deceased. The case of the applicant is distinguishable from the case of the husband of the deceased. There is no criminal history of the applicant and is in jail since 26.9.2019.

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 Om Prakash involved in Case Crime No. 228 of 2019, under Sections 498A, Section304B, Section506 IPC and 3/4 D.P. Act, P.S. Chetganj, District Varanasi 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 :- 7.12.2019/A.

 

 

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