HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 58166 of 2019
Applicant :- Rajesh Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Subhash Chandra Pandey
Counsel for Opposite Party :- G.A.
Hon’ble Bachchoo Lal,J.
Sri Satya Prakash Pandey, Advocate has filed vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as 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. Neither the applicant had made any demand of additional dowry nor he compelled the deceased to commit suicide. In postmortem report the cause of death of the deceased has been shown asphyxia due to antemortem hanging. In first information report it has been mentioned that the brother of the deceased brought the deceased at Lucknow Fatak from there the husband of the deceased namely, Prashant Rawat took away the deceased on 22.8.2019 at about 8.00 PM. and thereafter, the information was given by him that the deceased is ill. It has further been mentioned that the injuries were also present on the face of the deceased. The FIR of the alleged incident has been lodged against eight persons including the applicant making general allegation. No specific role has been assigned to the applicant. It appears that some quarrel has taken place in between the husband and deceased due to which the deceased has committed suicide herself. At the time of the alleged incident the applicant was living separate from the deceased and her husband. There is no direct evidence against the applicant. The applicant is an old person aged about 67 years. 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.Co-accused Smt. Radha Rawat, mother-in-law of the deceased has already been released on bail by this Court vide order dated 12.12.2019 in Criminal Misc. Bail Application No. 55147 of 2019, therefore the applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 24.8.2019.
Per contra, learned counsel for the complainant as well as learned A.G.A opposed the prayer for bail and argued that prior to the alleged incident the husband of the deceased took away the deceased at his house on the same day and thereafter, the applicant and other co-accused have committed marpeet with the deceased due to non fulfilment of demand of dowry and living the dead body of the deceased in hospital, the applicant and other co-accused fled away. As per postmortem report the injuries have also been found with the ligature mark on the body of the deceased. The deceased died an unnatural death within a period of six months of her marriage, therefore the applicant is not entitled 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 Rajesh Singh involved in Case Crime No. 819 of 2019, under Sections 498A, 304B, SectionIPC and 3/4 D.P. Act, P.S. Chakeri, District Kanpur Nagar 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 :- 3.1.2020/A.