HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 29
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 49053 of 2019
Applicant :- Sukai And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Ganesh Shanker Srivastava
Counsel for Opposite Party :- G.A.
Hon’ble Vivek Agarwal,J.
Sri Ganesh Shanker Srivastava, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
After arguing for sometime, learned counsel for the applicants prays for withdrawal of bail application for applicant no. 2, Laxmi w/o Ghissu and submits that he will only press for bail of Sukai s/o Ghissu who happens to be the Jeth (brother-in-law of the deceased).
The contention of the applicant is that in the FIR, allegations have been made to the effect that the deceased Reeta was murdered through strangulation as her dead body was found hanging on the terrace. It is pointed out that as per the viscera report, Aluminum Phosphate was found in the viscera and it is a case of consumption of poison due to which death had occurred.
It is submitted that Sukai has been falsely implicated merely because he happens to be the brother-in-law of the deceased whereas he has absolutely no connection with the incident.
Learned Public Prosecutor at this stage submits that the case of Rakesh and Laxmi is at par whereas that of Sukai can be considered to be different, though there are allegations against Suaki also.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Sukai involved in Case Crime No. 141 of 2019, under Sections 498A, Section304B IPC and 3/4 SectionDowry Prohibition Act, Police Station- Shohratgarh, District- Siddharth Nagar be released on bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
For Laxmi, learned counsel for the applicant prays for liberty to file fresh after material prosecution witnesses are examined before the Court.
Order Date :- 14.11.2019