HIGH COURT OF JUDICATURE AT ALLAHABAD
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Court No. – 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 29662 of 2019
Applicant :- Ram Ji
Opposite Party :- State Of U.P.
Counsel for Applicant :- Balram Singh
Counsel for Opposite Party :- G.A.
Hon’ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention of the applicant is that the applicant, who is the father-in-law of the deceased, has been deliberately roped in in the present case. General and vague allegations have been made against the applicant. The case of the applicant is based on separate living and there was no occasion or motive for the applicant to indulge in any such crime. The applicant never raised any demand of dowry. In fact, the deceased herself was fed up of the behaviour of her father, due to which she committed suicide. Her death is accidental caused by train. No specific role has been assigned to the applicant. Under similar circumstances, Smt. Pushpa (mother-in-law) of the deceased has already been admitted to bail by coordinate bench of this Court in Criminal Misc. Bail Application No.16765 of 2019. Copy whereof has been annexed as Annexure no.8 to the affidavit filed in support of the bail application. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 26.10.2018.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant – Ram Ji involved in Case Crime No. 286 of 2018, under Sections – 498A, 304B SectionI.P.C., 3/4 D.P. Act, Police Station – Lohta, District – Varanasi be released on bail on his executing a personal bond and furnishing 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 :- 24.7.2019
S Rawat
