HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 54547 of 2019
Applicant :- Ravi
Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Pathak,Manoj Kumar
Counsel for Opposite Party :- G.A.
Hon’ble Bachchoo Lal,J.
Sri S.K. Srivastava, Advocate has filed vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant is Nandoi of the deceased. He has falsely been implicated in the present case. In postmortem report the cause of death has been shown asphyxia as a result of ante mortem hanging. It appears that the deceased has committed suicide herself. The applicant has no concern with the alleged incident. The applicant was residing separate from the deceased and her husband at Unnao Gate Bahar, Nauji Ka Kunwa, Jhansi Khas District Jhansi which is far away from the house of husband of deceased. It has further been submitted that applicant is not the beneficiary of alleged demand of dowry. The marriage of applicant was solemnized prior to the alleged incident.The applicant has falsely been implicated only due to being relative of husband of the deceased. Co-accused Govind Singh Kushwaha another nandoi of the deceased has already been released on bail by this Court vide order dated 6.12.2019, therefore the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 4.11.2019.
Per contra; learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail and argued that the applicant and other co-accused have committed the alleged offence. The applicant was also living in the same city, therefore the applicant is not entitled 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 Ravi 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 :- 9.12.2019/A.