HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 54329 of 2019
Applicant :- Ramratan @ Ramsaran
Opposite Party :- State of U.P.
Counsel for Applicant :- Suresh Dhar Dwivedi
Counsel for Opposite Party :- G.A.
Hon’ble Bachchoo Lal,J.
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 FIR of the alleged incident was lodged against nine persons including the applicant making general allegation. No specific role has been assigned to the applicant. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. At the time of the alleged incident the applicant was living separate from the deceased and her husband. In postmortem report the cause of death of the deceased has been shown asphyxia due to antemortem hanging. Three injuries have also been found on the body of the deceased with the ligature mark. The applicant has not committed the alleged offence. There is no direct evidence against the applicant. The deceased has committed suicide herself. The deceased was not happy with her marriage. The applicant has no concern with the alleged incident. The case of the applicant is distinguishable from the case of the husband of the deceased, who is in jail. There is no criminal history of the applicant and is in jail since 15.7.2019.
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 Ramratan @ Ramsaran involved in Case Crime No. 302 of 2019 under Sections 498A, 304B, SectionIPC and 3/4 D.P. Act, P.S. Banda, District Shahjahanpur 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 :- 7.12.2019/A.