HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 50533 of 2019
Applicant :- Phool Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Sharad Kumar Srivastava
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 applicant has falsely been implicated in the present case.There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. false allegation has been made against the applicant. At the time of the alleged incident the applicant was at his tube-well when he came at his house, he found that the deceased died. In postmortem report the cause of death of the deceased has been shown asphyxia as a result of antemortem hanging. The deceased has committed suicide herself. The applicant has no concern with the alleged incident. 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 23.7.2019.
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 Phool Singh involved in Case Crime No. 200 of 2019, under Sections 498A, 304B, SectionIPC and 3/4 D.P. Act, P.S. Ghazipur, District Fatehpur 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.