Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52813 of 2019 Applicant :- Junaid Opposite Party :- State of U.P.
Counsel for Applicant :- Brijesh Kumar Pandey 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 devar of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. In the postmortem report, the cause of death of the deceased has been shown asphyxia due to ante mortem hanging. The deceased has committed suicide herself. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. There is no direct evidence against the applicant. The case of the applicant is distinguishable from the case of the husband of the deceased. It has further been submitted that co-accused Farookh and Smt. Aasma, father-in-law and mother-in-law of the deceased have already been released on bail by this court and another bench of this court vide orders dated 20.11.2019 and 16.11.2019 respectively, therefore, applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 17.9.2019.
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 Junaid involved in Case Crime No.249 of 2019, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Chandausi District Sambhal 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 :- 29.11.2019 A.