Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48373 of 2019 Applicant :- Leelu Ram Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.,Dinesh Kumar Shukla
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant is taken on record, wherein it has been mentioned that section 315 I.P.C. has been added.
Learned counsel for the applicant is permitted to add section 315 I.P.C. in the prayer clause of the bail application.
Heard learned counsel for the applicant, learned counsel for the complainant, 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. In the postmortem report, only one injury has been found to the deceased. In the F.I.R. it has been mentioned that the husband of the deceased used to commit marpit with the deceased. The applicant had not caused any injury to the deceased. There is no eye witness of the alleged occurrence. The case of the applicant is distinguishable from the case of the husband of the deceased. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. The co accused Smt. Bala, mother-in-law of the deceased, has already been released on bail by another bench of this court vide order dated 13.11.2019 in Cr. Misc. Bail Application No. 48370 of 2019, therefore, applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 19.6.2019.
Per contra, learned AGA and leaned counsel for the complainant opposed the prayer for bail and argued that the deceased was harassed and tortured due to non fulfilment of demand of dowry. The applicant and other co-accused have committed the alleged offence, therefore, applicant is not entitled 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 Leelu Ram involved in Case Crime No.233 of 2019, under Section 498-A, 304-B, 323 and 315 IPC and 3/4 D.P.Act, Police Station Qutubsher District Saharanpur 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 Gss