Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57295 of 2019 Applicant :- Awadhesh And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Sharma,Kapil Kumar Counsel for Opposite Party :- G.A
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicants, learned A.G.A and perused the record.
Learned counsel for the applicants submits that the applicants are father-in- law and mother-in-law of the deceased. There was no dispute of demand of dowry. The applicants have not harassed or tortured to the deceased. It has further been submitted that there is general allegation against the applicants. No specific role has been assigned to the applicants. As per postmortem report the cause of death of the deceased has been shown shock due to antemortem burn injury. There was no dying declaration of the deceased and there is no direct evidence against the applicants. The deceased has committed suicide herself. The applicants have no concern with the alleged incident. The applicant no. 1 is aged about 71 year and the applicant no. 2 is aged about 70 year old persons. There is no criminal history of the applicants and are in jail since 6.8.2019.
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 applicants Awadhesh and Smt. Madhuri involved in Case Crime No. 355 of 2019, under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Phaphund, District Auraiya be released on bail on their 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 applicants will not tamper with the evidences.
2. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicants 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 applicants.
Order Date :- 20.12.2019/A.