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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 11771 of 2021
Applicant :- Ramdayal And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Shyam Sunder Mishra,Arvind Kumar
Counsel for Opposite Party :- G.A.,Raj Kumar Singh
Hon’ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants in case crime No. 203/2020, under Sections 498A, 304B, 316 IPC and Section 3/4 D.P. Act, police station Rajapur, District Chitrakoot with the prayer to enlarge the applicants on bail.
It has been argued by learned counsel for the applicants that the accused-applicants are father-in-law and mother-in-law of deceased respectively and they have not committed any offence. It was submitted that the marriage of deceased with son of applicants was solemnized about three years prior to the incident and that deceased has a child and thus, there are no reasons that why applicants made demand of dowry or harassed the deceased. It has been submitted that only general allegations of dowry demand and harassment have been levelled against the applicants and co-accused persons and that no specific role has been assigned to the applicants. It was further submitted that the cause of death of deceased is ante-mortem hanging and there was no external injury, which shows that deceased has committed suicide. Learned counsel has submitted that applicants were residing separately from deceased and her husband. It was also pointed out that sister of deceased is also married with other son of applicants and that in her statement, she has not made any allegations against the applicants. It has further been argued that the applicants are in judicial custody since 04.10.2020 and 17.12.2020 respectively, having no criminal history and that in case, applicants are enlarged on bail, the applicants will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicants, namely, Ramdayal and Smt. Shakuntala involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicants will not tamper with the evidence during trial.
2. The applicants will not pressurize/intimidate the prosecution witnesses.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicants in accordance with law.
Order Date :- 23.7.2021
Anand