HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 49728 of 2019
Applicant :- Sarvesh
Opposite Party :- State of U.P.
Counsel for Applicant :- Bal Krishna 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 FIR of the alleged incident was lodged against nine persons including the applicant making general allegation. In first information report the allegation of demand of dowry has been levelled against the husband of the deceased namely, Ramveer. As per postmortem report the cause of death of the deceased has been shown asphyxia due to throttling .The applicant has no concern with the alleged incident. The applicant is father-in-law of the deceased. At the time of the alleged incident the deceased and her husband were living separately from family members.There is no direct evidence against the applicant. It has further been submitted that the applicant has not committed the alleged offence. The case of the applicant is distinguishable from the case of the husband of the deceased. There is no criminal history of the applicant and is in jail since 26.7.2019.
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 Sarvesh involved in Case Crime No. 226 of 2019, under Sections 498A, 304B, SectionIPC and 3/4 D.P. Act, P.S. Ajeetmal, District Auraiya 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 :- 18.11.2019/A.