Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55875 of 2019 Applicant :- Bablu @ Shyam Sundar And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Harikrishna Rajesh,Inder Pal Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
Learned counsel for the applicants submits that applicants are Jeth and mother-in-law of the deceased. They have falsely been implicated in the present case. There was no dispute of demand of dowry. The applicants have not harassed or tortured to the deceased. There is general allegation against the applicants. No specific role has been assigned to them. In postmortem report the cause of death has been shown as immediate cardio pulmonary arrest due to interracial haemorrhage which shows that the deceased died a natural death. False allegation has been made against the applicants. It has further been submitted that there is no direct evidence against the applicants. The co- accused Baby Devi and Hari Shanker, Jethani and father-in-law of the deceased have already been released on bail by this court vide orders dated 20.11.2019 and 28.11.2019 respectively, therefore, the applicants are also entitled for bail. The applicants have no criminal history and are in jail since 14.4.2019.
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 applicants Bablu @ Shyam Sundar and Smt. Champa Devi involved in Case Crime No. 143 of 2019, under section 498A, 304B IPC and Section 3/4 D.P. Act, P.S. Madhuban, District Mau be released on bail on their 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 applicants will not tamper with the evidence.
2. They shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. They 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 applicants.
Order Date :- 16.12.2019 Masarrat