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Rohit Kumar vs State Of U.P. on 3 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 53554 of 2019

Applicant :- Rohit Kumar

Opposite Party :- State of U.P.

Counsel for Applicant :- Ajatshatru Pandey

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 devar of the deceased. The applicant was living separately with his family at Jindal Nagar Dabarsi Road District Hapur which is about 70 Km. away from the place of occurrence. The deceased and her husband were living in village at district Bulandshahar. The applicant has no concerned with the alleged incident. As per postmortem report the cause of death of the deceased has been shown asphyxia due to hanging. Two abrasions have also been found along with ligature mark on the body of the deceased. The applicant is not a beneficiary of alleged demand of dowry. There is general allegation against the applicant. No specific role has been assigned to the applicant. The applicant has not committed the alleged offence. There is no criminal history of the applicant and is in jail since 26.9.2019.

Per contra, learned A.G.A 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 Rohit Kumar involved in Case Crime No. 120 of 2019, under Sections 498A, 304B, SectionIPC and 3/4 D.P. Act, P.S. Jahagirpur, District Bulandshahar 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 :- 3.12.2019/A.

 

 

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