HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 57462 of 2019
Applicant :- Ram Kewal Chauhan
Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjeev Kumar Tiwari
Counsel for Opposite Party :- G.A.
Hon’ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant is father-in-law of the deceased. He has falsely been implicated in the present case. There is general allegation against the applicant. No specific role has been assigned to him. The applicant is a very poor person and he used to do the work of agriculture labourer in the field. There was no question of demand of additional dowry. In postmortem report the cause of death has been shown asphyxia as a result of ante mortem hanging which shows that the deceased has committed suicide herself. There is no direct evidence against the applicant. The applicant neither compelled the deceased to commit suicide nor his committed the alleged offence. The case of the applicant is distinguishable from the case of husband of the deceased. The co-accused Smt. Ramauti, mother-in-law of the deceased has already been released on bail by this court vide order dated 11.12.2019 in Criminal Misc. Bail Application No. 54978 of 2019, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 3.9.2019.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Ram Kewal Chauhan involved in Case Crime No. 350 of 2019, under Sectionsection 498A, Section323, Section304B IPC and Section 3/4 D.P. Act, P.S. Mohammadabad, District Mau be released on bail on his furnishing a personal bond with 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 evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall 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 :- 20.12.2019