Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57514 of 2019 Applicant :- Ashok Opposite Party :- State of U.P.
Counsel for Applicant :- Vipul Shukla,Radhey Shyam Shukla Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant is father-in-law of the deceased. The FIR of the alleged incident was lodged against 6 persons including the applicant under section 328 and 302 IPC. In the statement of Abhishek Kumar it has come that the wife of deceased namely Anjali took the deceased at her parental house where she gave poisonous rice to the deceased. It has further been submitted that during investigation the incident of murder has not been found and the case was converted under section 306 IPC and it was found that the deceased has himself consumed poisonous substance. It has further been submitted that applicant has no concern with the alleged incident. There is no direct evidence against the applicant. The applicant has not compelled the deceased to commit suicide and has not detained Anjali at his house. The daughter of the applicant namely Anjali and deceased solemnized their love marriage. There is no cogent evidence against the applicant with regard to abetment. The co -accused Smt. Rekha ( mother-in-law of the deceased) has already been released on bail by this court vide order dated 17.12.2019 in Cr.Misc.Bail Application No. 56048 of 2019, therefore, applicant is also entitled for bail. The applicant has no criminal history and is in jail since 8.10.2019.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Ashok involved in Case Crime No. 219 of 2019, under section 306 IPC, P.S. Kotwali, District Shahjahanpur be released on bail on his furnishing a personal bond with 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 evidence.
2. The applicant shall not pressurize/intimidate the prosecution witnesses and he shall cooperate with the trial.
3. The applicant shall 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 :- 20.12.2019 Gss