Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57359 of 2019 Applicant :- Maharaj Singh And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicants, learned A.G.A and perused the record.
Learned counsel for the applicants submits that the applicants are father-in- law and mother-in-law of the deceased. There was no dispute of demand of dowry. The applicants have not harassed or tortured to the deceased. The FIR of the alleged incident was lodged against five persons including the applicants making general allegation. No specific role has been assigned to the applicants. In postmortem report the cause of death of the deceased has been shown asphyxia due to hanging. The deceased has committed suicide herself. Except the ligature mark no other injury has been found on the body of the deceased. At the time of the alleged incident the applicants were living separate from the deceased and her husband. The applicants are old persons. The applicants have no concern with the alleged incident. The case of the applicants is distinguishable from the case of the husband of the deceased. There is no criminal history of the applicants and the applicant no. 1 is in jail since 1.10.2019 and the applicant no. 2 is in jail since 21.9.2019.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicants Maharaj Singh and Mahadevi involved in Case Crime No. 43 of 2019, under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Balrai, District Etawah be released on bail on their 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 applicants will not tamper with the evidences.
2. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicants 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 applicants.
Order Date :- 20.12.2019/A.