Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11357 of 2018 Applicant :- Islam Ansari Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Mishra,Chandra Prakash Misra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Chandra Prakash Misra, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA for the State.
This is an application for bail on behalf of Islam Ansari in Case Crime No. 574 of 2017, under Sections 498-A, 304-B IPC and 3/4 of D.P. Act, P.S. Kaptanganj, District Kushinagar.
The submission of the learned counsel for the applicant is that the applicant is the father-in-law; that the allegations are general in nature as said in paragraphs 9 and 19 of the affidavit; that the applicant is living separately of the deceased and her husband as said in paragraph 12 of the affidavit; that the deceased committed suicide on account of issues with her husband to which the applicant is neither party nor privy; that the cause and circumstances leading the deceased to commit suicide are enumerated in paragraphs 13 and 14 of the affidavit, which are self-explanatory; that the cause of death is asphyxia as a result of hanging;that the applicant is an old man of 63 years with infirm health as said in paragraphs 11 and 13 of the affidavit; and, that the applicant is a respectable man with no criminal history who is in jail since 24.11.2017.
Learned AGA has opposed the plea for bail with the submission that it is a case of an unnatural death of a wife in her matrimonial home within seven years of marriage with a background of dowry demand and that, therefore, the applicant is not entitled to bail.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the charge, the severity of the punishment, the relationship of the applicant to the deceased but without expressing any opinion on merits, this Court finds the applicant to be entitled to bail.
Accordingly, the bail application stands allowed.
Let the applicant Islam Ansari involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. 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 default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 28.3.2018 Imroz