Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57227 of 2019 Applicant :- Basant Opposite Party :- State of U.P.
Counsel for Applicant :- Vinod Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Parmeshwar Yadav and Sri Madan Mohan Yadav, learned counsel, have jointly filed vakalatnama on behalf of complainant, let it be taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is father-in-law of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. It has further been submitted that there is general allegation against the applicant, no specific role has been assigned to the applicant. In the postmortem report, the cause of death of the deceased has been shown asphyxia due to ante mortem hanging.The deceased has committed suicide herself by bolting the door from inside. At the time of alleged incident the applicant was living separate from the deceased and her husband. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. The case of the applicant is distinguishable from the case of the husband of the deceased. The co-accused Kiran (jethani of the deceased) and Mahendra Singh (jeth of the deceased) have already been released on bail by another bench of this court and by this court vide orders dated 16.11.2019 and 7.12.2019 in Cr. Misc. Bail Application Nos. 49892 of 2019 and 54358 of 2019 respectively, therefore, applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 12.7.2019.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that the deceased was harassed and tortured by the applicant and other co-accused due to non fulfilment of demand of dowry. The deceased died an unnatural death within 4 years of her marriage. The applicant and other co-accused have committed the alleged offence, therefore, applicant is not entitled for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Basant involved in Case Crime No. 127 of 2019, under Section 498-A, 304-B, 323, 506 IPC and 3/4 D.P.Act, Police Station Indergarh District Kannauj be released on bail on his 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 applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant 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 applicant.
Order Date :- 20.12.2019 Gss