Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51756 of 2019 Applicant :- Indrajeet Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhir Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Shyamu Shukla, learned counsel filed Vakalatnama on behalf of complainant, is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant is father-in-law of the deceased. He has falsely been implicated in the present case. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. There is general allegation against the applicant. No specific role has been assigned to him. As per postmortem report the deceased died due to burn injuries. There is no dying declaration of the deceased. The deceased sustained accidental injuries while she was making tea. It has further been submitted that applicant has informed to the family members of the deceased and also admitted the deceased in hospital to save her life. The case of the applicant is distinguishable from the case of husband of the deceased. The applicant has no criminal history and is in jail since 26.7.2019.
Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that the deceased died an unnatural death due to burn injuries within two months of her marriage. 100% burn has been found on the body of the deceased and sole of the deceased was also burnt. The applicant and other co-accused have committed the murder of the deceased due to non fulfillment of demand of dowry, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Indrajeet involved in Case Crime No. 343 of 2019, under section 498A, 304B, 323, 504 IPC and Section 3/4 D.P. Act, P.S. Pipraich, District Gorakhpur be released on bail on his furnishing a personal bond with 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 evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall 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 Masarrat