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Shiv Shankar Lal vs State Of U.P. on 5 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 12

Case :- BAIL No. – 9442 of 2019

Applicant :- Shiv Shankar Lal

Opposite Party :- State of U.P.

Counsel for Applicant :- Pradeep Kumar Singh

Counsel for Opposite Party :- G.A.

Hon’ble Aniruddha Singh,J.

Heard learned counsel for the applicant, Ms. Anu Priya Jaiswal, Brief holder for the State and perused the record.

According to prosecution case, F.I.R. was lodged against three persons, namely, Ajit, Shivshankar and wife of Shivshankar alleging that daughter of the complainant Shushila @ Champa was married before six year with Jitendra and on 3.6.2019 for demand of motorcycle they assaulted her and killed after throwing kerosene oil and setting on her fire. She died receiving burn injuries.

Learned counsel for the applicant submitted that applicant is father-in-law of the deceased and is an old person and languishing in jail since 21.6.2019 (more than five months) having no criminal history. He is living separately and he is not beneficiary of the so called demand of motorcycle. Some allegations are made against Ajit. The case of the applicant is distinguishable from the case of Ajit. Deceased committed suicide herself. No body had killed the deceased. There is no independent witness/eye witness account against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and also submitted that husband is not accused in this case.

Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

Let the applicant Shiv Shankar Lal involved in Case Crime No. 262 of 2019, under Section 498A, Section304B, Section302 IPC and 3/4 of D.P. Act, Police Station-Laharpur, District- Sitapur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

1. The applicant will not tamper with the evidence during the trial.

2.The applicant will not pressurize/ intimidate the prosecution witness.

3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

Order Date :- 5.12.2019

OP

 

 

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