HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 56801 of 2019
Applicant :- Satendra Kumar And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Bratendra Singh
Counsel for Opposite Party :- G.A.
Hon’ble Bachchoo Lal,J.
Sri Arvind Agrawal, Advocate has filed vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicants, learned counsel for the complainant as well as learned A.G.A and perused the record.
Learned counsel for the applicants submits that the applicants are jeth and jethani of the deceased. The applicants have falsely been implicated in the present case. The applicants are not beneficiary of the alleged demand of dowry. The FIR of the alleged incident was lodged against five persons including the applicants making general allegation. No specific role has been assigned to the applicants. As per postmortem report the cause of death of the deceased has been shown asphyxia due to antemortem hanging. The deceased has committed suicide herself. At the time of the alleged incident the applicants were living separate from the deceased and her husband. There is no direct evidence against the applicants. The applicants have no concern with the alleged incident. The case of the applicants are distinguishable from the case of the husband of the deceased. There is no criminal history of the applicants and are in jail since 16.10.2019.
Per contra, learned counsel for the complainant as well as learned A.G.A opposed the prayer for bail and argued that the deceased was harassed and tortured by the applicants and other co-accused due to non fulfilment of demand of dowry. The deceased died within two years of her marriage an unnatural death, therefore the applicants are not entitled 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 applicants Satendra Kumar and Smt. Neelam involved in Case Crime No. 569 of 2019, under Sections 498A, 304B, SectionIPC and 3/4 D.P. Act, P.S. Sirsaganj, District Firozabad be released on bail on their 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 applicants will not tamper with the evidences.
2. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicants 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 applicants.
Order Date :- 19.12.2019/A.