HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 57432 of 2019
Applicant :- Ramesh
Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Pathak,Manoj Kumar
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. The FIR of the alleged incident has been lodged against 8 persons including the applicant making general allegation. No specific role has been assigned to him. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. It has further been submitted that the applicant has no concern with day to day life of his son. Neither the applicant has interference in the life of his son (husband of the deceased) nor he was present at the time of alleged incident. In postmortem report the cause of death has been shown asphyxia due to ante mortem hanging. The deceased has committed suicide herself. The applicant has no concern with the alleged incident. The case of the applicant is distinguishable from the case of husband of the deceased. It has further been submitted that co-accused Savitri Devi, mother-in-law, Smt. Vineeta, unmarried Nanad, Km. Arti, unmarried Nanad, Smt. Manju, Nanad, Ravi, Nandoi and Govind Singh Kushwaha, Nandoi of the deceased have already been released on bail by this court vide orders dated 17.12.2019, 12.12.2019, 12.12.2019, 9.12.2019, 9.12.2019 and 6.12.2019 respectively, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 29.5.2019.
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 Ramesh involved in Case Crime No. 281 of 2019, under Sectionsection 498A, Section304B IPC and Section 3/4 D.P. Act, P.S. Kotwali, District Jhansi 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