Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52539 of 2019 Applicant :- Mahesh Kumar Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava,Ram Bahadur,Shri Anil Srivastava,Senior Adv.
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. 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, the cause of death of the deceased has been shown asphyxia due to ante mortem hanging. The deceased committed suicide herself. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. The co accused Smt. Asha Devi and Man Singh Yadav, mother-in-law and father-in-law of the deceased have already been released on bail by another bench of this court vide order dated 19.9.2019 and 13.11.2019 in Cr. Misc. Bail Application Nos. 26414 of 2019 and 47578 of 2019 respectively, therefore, applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 26.7.2019.
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 Mahesh Kumar Yadav involved in Case Crime No.417 of 2019, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Dhoomanganj District Prayagraj 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 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 :- 28.11.2019 Gss