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Sohan Lal Jaiswal vs State Of U.P. on 20 August, 2019


?Court No. – 80

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 35795 of 2018

Applicant :- Sohan Lal Jaiswal

Opposite Party :- State Of U.P.

Counsel for Applicant :- Himanshu Srivastava,Narendra Nath Tripathi,Siddhartha Srivastava

Counsel for Opposite Party :- G.A.,Ashutosh Kumar Pandey

Hon’ble Ajit Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

By means of this application, the applicant who is involved in Case Crime No. 174 of 2018, under Sections 498A, Section304B I.P.C. and Sectionsection 3/Section4 Dowry Prohibition Act, P.S. Barhaj, district-Deoria, is seeking enlargement on bail during the trial.

Learned counsel for the applicant submitted that the applicant is the father-in-law of the deceased Priyanka Jaiswal. Marriage between the deceased and Amit Jaiswal was solemnized on 3.11.2017. The victim died in her matrimonial home on 4.7.2018. Only general allegations have been made against the deceased’s husband and his family members on account of non fulfillment of additional demand of dowry of Rs. 1,00,000/- (Rs. one lac) cash, and a motorcycle the deceased was maltreated and tortured in her matrimonial home by her husband and his other family members and ultimately done to death. He next submitted that the applicant has falsely been implicated in the present case along with his other family members. Although the victim had committed suicide but the prosecution has tried to give it a colour of dowry death. He further submitted that the applicant cannot be said to be the beneficiary of the additional dowry allegedly demanded by co-accused Amit Jaiswal, husband of the deceased and his role is clearly distinguishable from that of the husband. He also submitted that Smt. Manjoo Jaiswal, mother-in-law of the deceased has already been enlarged on bail by another Bench of this Court vide order dated 1.8.2019 passed in Criminal Misc. Bail Application No. 33458 of 2018. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 5.7.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

The prayer for bail has been vehemently opposed by learned A.G.A.

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

Let the applicant, Sohan Lal Jaiswal be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 174 of 2018, under Sections 498A, Section304B I.P.C. and Sectionsection 3/Section4 Dowry Prohibition Act, P.S. Barhaj, district-Deoria subject to the following conditions:-

1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail period.

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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

Order Date :- 20.8.2019




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