Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51903 of 2019 Applicant :- Jileman Opposite Party :- State of U.P.
Counsel for Applicant :- Raghuraj Singh,P.K. Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of applicant, which is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the 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 the deceased and has not compelled the deceased to commit suicide. In the post mortem report, the cause of death of deceased has been shown Asphyxia due to anti mortem hanging. The deceased has committed suicide herself. The applicant has no concern with the alleged offence. There is general allegation against the applicant. No specific role has been assigned to the applicant. It has further been submitted that the case of applicant is distinguishable from the case of husband of the deceased. It has further been submitted that co-accused Ahsana has already been granted bail by another bench of this Court vide order dated 31.10.2019 passed in Crl. Misc. Bail Application No.45513 of 2019, therefore, the applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 20.6.2019.
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 Jileman, involved in Case Crime No.191 of 2019, under Sections 498-A, 304-B IPC and section 3/4 D.P. Act, Police Station Mangalpur, District Kanpur Dehat 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 he 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 :- 27.11.2019 G.S