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Ram Kishan vs State Of U.P. on 16 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 55780 of 2019

Applicant :- Ram Kishan

Opposite Party :- State of U.P.

Counsel for Applicant :- Anurag Dubey

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Supplementary affidavit filed on behalf of the applicant and vakalatnama has been filed by Sri Virendra Pratap Pal, Advocate on behalf of the complainant are taken on record.

Heard learned counsel for the applicant, learned counsel for the complainant as well as 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. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. There is general allegation against the applicant. No specific role has been assigned the applicant. In postmortem report the cause of death has been shown asphyxia due to ante mortem hanging. At the time of alleged incident, the applicant was living separate from the deceased and her husband. The applicant has no concern with the alleged incident. The deceased has committed suicide herself. The case of the applicant is distinguishable from the case of husband of the deceased. Co-accused Smt. Narayanshree 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. 54994 of 2019, therefore the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 1.10.2019.

Per contra; learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail and argued that the deceased was harassed and tortured due to non fulfilment of demand of dowry and she died within four years of her marriage an unnatural death, therefore, the applicant is not entitled 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 Kishan involved in Case Crime No. 165 of 2019, under Sectionsection 304B, Section498A, Section323 IPC and 3/4 D.P. Act, P.S. Kurra, District Mainpuri 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. The applicant shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. The applicant 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 :- 16.12.2019/A.

 

 

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