Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56564 of 2019 Applicant :- Bhure Singh @ Chaman Prakash Opposite Party :- State of U.P.
Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is father-in-law of the deceased. The applicant has falsely been implicated in the present case. The applicant is an old person aged about 62 years. The applicant has no concern with the alleged incident. At the time of the alleged incident the applicant was living separate from the deceased and her husband. As per postmortem report two injuries have been found on the body of the deceased and the cause of death of the deceased could not be ascertained therefore the viscera was preserved. In viscera report no poison has been found to the deceased. The applicant has not committed the alleged offence. The case of the applicant is distinguishable from the case of the husband of the deceased. There is no criminal history of the applicant and is in jail since 8.9.2019.
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 applicant Bhure Singh @ Chaman Prakash involved in Case Crime No. 230 of 2019, under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Patiyali, District Kasganj be released on bail on her 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 co- operate 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 :- 19.12.2019/A.