HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 12
Case :- BAIL No. – 10913 of 2019
Applicant :- Ram Charan
Opposite Party :- State of U.P.
Counsel for Applicant :- Jyotinjay Verma
Counsel for Opposite Party :- G.A.
Hon’ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Ran Vijay Singh, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged on the basis of an application under Section 156 (3) of SectionCr.P.C. on 30.4.2019 at 14:37 hours (about sis months of the incident) against six persons, namely, Ramkumar, Ramcharan, Geeta Devi, Chandralal, Rani Devi and Chhotu alleging that daughter of the complainant Preeti was married with Ram Kumar on 23.4.2017. For demand of Rs.90,000/- and other articles on 19.9.2018 they killed the deceased. According to postmortem report, cause of death was found asphyxia due to ante mortem hanging. Hyoid bone was found NAD.
Learned counsel for the applicant submitted that applicant is father-in-law of the deceased and is languishing in jail since 6.10.2019 (about one and half months) having no criminal history. He has no concern with the wife and husband. Preeti (deceased) committed suicide herself and nobody had killed the deceased. Even though the applicant is not beneficiary of the so called demand of dowry. General allegations have been made against all persons except husband. Delay in lodging the F.I.R. has not been properly explained. The applicant is innocent and has been falsely implicated in this case. There is no independent witness/eye witness account and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Ram Charan involved in Case Crime No. 387 of 2019, under Section 304B, Section498A IPC and Section 3/4 of D.P. Act, Police Station-Madiyaon, District- Lucknow be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 18.11.2019