Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32698 of 2019 Applicant :- Babu Lal And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Kamlesh Kumar Tripathi,Hari Nath Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
The present bail application has been filed by the applicants in Case Crime No.152 of 2019, under Sections 498-A, 304-B of IPC and 3/4 of Dowry Prohibition Act, Police Station Bhoganipur, District Kanpur Dehat with the prayer to enlarge the applicants on bail.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicants that applicants never demanded any dowry nor harassed the deceased and that they have been falsely implicated in this case. Applicants are father-in-law and mother-in-law of deceased and they were residing separately from deceased and her husband. It was stated that Sangeeta, sister of deceased, was also married with brother-in- law of deceased and there are no allegations that any dowry was demanded from Sangeeta or she was harassed on that account. Alleged incident took place on 22.04.2019 and at the time of inquest proceedings, family members of deceased were present but at that time, no report was lodged. FIR of incident has been lodged after about 15 days of the incident which indicates that report was lodged after consultation and concocting false version regarding dowry demand and harassment. Learned counsel further pointed out that all family members including sister-in-law and brother-in-law of deceased have been named in FIR and that only general allegations have been made that all accused persons used to demand dowry and after causing her death, her body was thrown in well. Learned counsel submitted that applicant Babulal is aged 64 years and applicant Smt. Girjarani is aged 61 years. It was submitted that applicants are languishing in jail since 19.05.2019 having no criminal history and that in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and argued that applicants are father-in-law and mother-in-law of the deceased and there are allegations against them that they have harassed the deceased and caused her death.
Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Babu Lal and Smt. Girjarani involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate complainant or any prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted by court.
4. The applicants will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
Order Date :- 17.12.2019 Mohit