HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 52659 of 2019
Applicant :- Pappu @ Dilshad
Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Kumar
Counsel for Opposite Party :- G.A.
Hon’ble Bachchoo Lal,J.
Sri Kuldeep Singh Tomar, learned counsel filed Vakalatnama on behalf of complainant, 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 the applicant is father-in-law of the deceased. At the time of alleged incident he was living separate from the deceased and her husband. He has no concern with the alleged incident. The applicant has not committed marpit with the deceased and has not committed the alleged offence. In postmortem report the cause of death has been shown asphyxia as a result of ante mortem smothering. The deceased and her husband were living separate in their house. There is no eye witness of the alleged occurrence. There is general allegation against the applicant. The case of the applicant is distinguishable from the case of husband of the deceased. The applicant has no criminal history and is in jail since 15.7.2019.
Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that the deceased died within one year of her marriage. There is no cogent evidence with regard to separate living. The applicant and other co-accused have committed the murder of the deceased, therefore, the applicant 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 Pappu @ Dilshad involved in Case Crime No. 430 of 2019, under Sectionsection 304B, Section498A, Section506 IPC and 3/4 D.P. Act, P.S. Khatauli, District Muzaffar Nagar 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 :- 28.11.2019