Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26026 of 2021 Applicant :- Chande @ Chandeo Gupta Opposite Party :- State of U.P. Counsel for Applicant :- R.K. Shahi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard R.K.Sahi, learned counsel for the applicant, learned A.G.A for the State and perused the record.
Submissions of learned counsel for the applicant is that the applicant is innocent and has not committed the present offence. Applicant is father-in-law of the deceased. He has no concern with the present matter and information regarding death of deceased was given to the parents of the deceased by the applicant himself. They participated in inquest proceedings. No complaint was made at that time. First information report was lodged on the basis of an order passed on application under section 156(3) Cr.P.C. at belated stage. Cause of death of the deceased as disclosed in postmortem report is " due to shock as a result of antemortem electrocution". Referring to the aforesaid fact, it has further been argued that no specific role has been assigned against the applicant. He was implicated in the present case being family member of husband of the deceased. he is in jail since 17.5.2021 having no criminal history.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail applications are allowed.
Let the applicant Chande @ Chandeo Gupta involved in Case Crime No. 0464 of 2020, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Kasia District - Kushinagar be released on bail on furnishing each 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.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.7.2021 Gss