Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51622 of 2019 Applicant :- Dharmpal Opposite Party :- State of U.P.
Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri P.S. Kushwaha, Advocate has filed vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A 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 to the deceased and has not compelled the deceased to commit suicide. It has further been submitted that there is general allegation against the applicant. No specific role has been assigned to the applicant.It has further been submitted that the deceased died due to accidental burn injury. There is no dying declaration of the deceased. There is no direct evidence against the applicant. The applicant has no concern with the alleged incident. 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 2.8.2019.
Per contra,learned counsel for the complainant as well as learned A.G.A opposed the prayer for bail and argued that the deceased was harassed and tortured due to non fulfilment of demand of dowry. The deceased died within four years of her marriage an unnatural death due to bury injuries, therefore, the applicant is not entitled 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 Dharmpal involved in Case Crime No. 173 of 2019, under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Dataganj, District Budaun 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 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 :- 27.11.2019 A.