Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57302 of 2019 Applicant :- Jagdish Opposite Party :- State of U.P.
Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA 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 the deceased. It has further been submitted that there is general allegation against the applicant, no specific role has been assigned to the applicant. The applicant has not compelled the deceased to commit suicide. The deceased has committed suicide herself. In the postmortem report, the cause of death of the deceased has been shown asphyxia as a result of ante morten hanging. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. The case of the applicant is distinguishable from the case of the husband of the deceased. Co-accused Guddi mother-in-law of the deceased has already been released on bail by this Court vide order dated 27.11.2019 in Criminal Misc. Bail Application No. 48306 of 2019 therefore the applicant is also entitled for bail. There is no criminal history of the applicant and he is in jail since 30.8.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Jagdish involved in Case Crime No. 322 of 2019, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Mohammadabad District Farrukhabad 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 she will cooperate 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 :- 20.12.2019/A.