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Shrawan Shukla vs State Of U.P. on 3 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 53529 of 2019

Applicant :- Shrawan Shukla

Opposite Party :- State of U.P.

Counsel for Applicant :- Vivek Prasad Mathur

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 jeth of the deceased. The applicant was residing separately from the deceased and her husband in district Basti, whereas the deceased and her husband were residing in district Sant Kabir Nagar. The applicant has no concern with the alleged incident. The deceased was dump. The dying declaration of the deceased was also recorded in which she has made specific allegation against her husband Ramesh Shukla for setting her on fire after pouring kerosene oil. The deceased in her dying declaration has not made any allegation against the applicant. There is no criminal history of the applicant and is in jail since 26.5.2019.

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 Shrawan Shukla involved in Case Crime No. 201 of 2019, under Sections 498A, 304B, SectionIPC and 3/4 D.P. Act, P.S. Khalilabad, District Sant Kabir Nagar 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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