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Ramlal vs State Of U.P. on 16 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 56030 of 2019

Applicant :- Ramlal

Opposite Party :- State of U.P.

Counsel for Applicant :- Deepak Kumar Singh

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 was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. There is general allegation against the applicant. No specific role has been assigned to him. As per postmortem report the deceased died due to burn injuries. There is no direct evidence against the applicant. There is no dying declaration of the deceased. The marriage of the deceased was solemnized with the son of applicant about 5 years back from the date of alleged incident. There was no issue from the wedlock of deceased and her husband due to which the deceased used to live in frustration and committed suicide. The applicant has not compelled the deceased to commit suicide. The co-accused Vidya Devi, mother-in-law of the deceased has already been released on bail by another bench of this court vide order dated 27.11.2019 in Criminal Misc. Bail Application No. 42571 of 2019, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 27.3.2019.

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 Ramlal involved in Case Crime No. 57 of 2019, under Sectionsection 498A, Section304B IPC and Section 3/4 D.P. Act, P.S. Kapsethi, District Varanasi 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 :- 16.12.2019

Masarrat

 

 

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