Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50323 of 2021 Applicant :- Brijendra Opposite Party :- State of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that the deceased was wedded to Ramraja prior to three years from the date of incident. She was subjected to harassment in relation to demand of dowry. On 27.09.2021 she committed suicide by hanging.
It is submitted that the applicant is father-in-law of the deceased. He is innocent and has not committed any offence as alleged in the F.I.R.. He was living separately from the family of the deceased. There was no evidence relating to demand of dowry and harassment by the applicant. Being father-in-law, he has been falsely implicated in this case. The deceased committed suicide by hanging on account of distress due to disease. No any injury except ligature mark was found on the person of the deceased. The applicant is in jail since 30.09.2021. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Therefore, requested for bail.
Learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case and submission made by the learned counsel for the parties, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant-Brijendra involved in Case Crime No.122 of 2021, under Sections 498-A and 304 I.P.C. and 3/4 D.P. Act, P.S. Jakhlaun, District Lalitpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 22.12.2021 Asha