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Rajendra Singh vs State Of U.P. on 14 November, 2019


?Court No. – 4

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 49212 of 2019

Applicant :- Rajendra Singh

Opposite Party :- State of U.P.

Counsel for Applicant :- Shyam Sunder Mishra

Counsel for Opposite Party :- G.A.

Hon’ble Pradeep Kumar Srivastava,J.

Heard Sri Shyam Sunder Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.

The present bail application has been filed by the applicant Rajendra Singh with a prayer to enlarge him on bail in Case Crime No. 306 of 2019, under Sections 498A, Section304B I.P.C. and Section 3/Section4 Dowry Prohibition Act, Police Station Achhnera, District Agra. An F.I.R. was lodged by the father of the deceased stating that the deceased Reeta was married on 05.09.2015 with Malkhan. the accused persons soon after the marriage started demanding motorcycle and ornaments by way of additional dowry. The informant was not able to fulfil the demand and, therefore, her husband and her mother-in-law had committed maar-peet with her and caused her death by hanging.

Learned counsel for the applicant has submitted that the applicant is father-in-law of the deceased. There was no specific allegation against the applicant in the first information report. The allegations have been made against the husband and the mother-in-law. the whole first information report is based on general allegations of demand of dowry. The death of the deceased has resulted due to asphyxia arising out of ante-mortem hanging . Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 03.10.2019, hence, he is entitled to bail.

Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after investigation, the police has submitted charge sheet against the accused persons under the aforesaid sections.

Considering the facts that the applicant is father-in-law of the deceased as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

(i) The applicant shall not indulge in any criminal activity.

(ii) The applicant shall not tamper with the prosecution evidence.

(iii) The applicant shall not pressurize the prosecution witnesses.

(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.

Order Date :- 14.11.2019/sailesh



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