HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 52010 of 2019
Applicant :- Rambharose
Opposite Party :- State of U.P.
Counsel for Applicant :- Budhi Sagar Tripathi
Counsel for Opposite Party :- G.A.
Hon’ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard learned counsel for the applicant, 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. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. The FIR of the alleged incident was lodged against six named persons including the applicant and other unknown family members of the applicant making general allegation. No specific role has been assigned to the applicant. The deceased died due to burn injuries. There is no dying declaration of the deceased. There is no direct evidence against the applicant. At the time of the alleged incident the applicant was living separate from the deceased and her husband. The applicant has no concern with the alleged incident. Co-accused Smt Gyanmati, mother-in-law of the deceased has already been released on bail by another bench of this Court vide order dated 16.11.2019 in Criminal Misc. Bail Application No. 49701 of 2019, therefore the applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 23.9.2019.
Per contra, learned A.G.A has opposed the prayer 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 Rambharose involved in Case Crime No. 253 of 2019, under Sections 498A, 304B, SectionIPC and 3/4 D.P. Act, P.S. Gola, District Gorakhpur 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 :- 2.1.2020/A.