Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33775 of 2019 Applicant :- Mahendra Pal Opposite Party :- State of U.P.
Counsel for Applicant :- Jay Singh Yadav,Atul Kumar Singh,Jitendra Pal Singh,Pradeep Kumar Singh Counsel for Opposite Party :- G.A.,Rakesh Pati Tiwari,Sushil Kumar Mishra,R.P.Tiwari
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Mahendra Pal, in Case Crime No. 073 of 2019, under Sections- 498-A, 304-B I.P.C. & 3/4 of D.P. Act, P.S. Jahanabad, District- Pilibhit.
Sri Jitendra Pal Singh, learned counsel for the applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 15.6.2019; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; it was a case of death under consumption of some intoxicant; instantly police was reported; inquest proceeding was got conducted, wherein, cause of death could not be ascertained; dead body was sealed intact and sent for autopsy examination; in autopsy examination too, cause of death could not be ascertained; hence, viscera was preserved; in forensic science laboratory report, viscera was with organophosphorus insecticide; no other injury except one abraided contusion was there over the person of deceased; husband is languishing in jail; this report was got lodged after the last rituals were performed on 9.3.2019 whereas, informant has informed police for getting autopsy examination and inquest proceeding on 28.2.2019; it was done so, till then there was no accusation and after considered opinion, this false accusation was got lodged; it was not a forceful administration of poison nor any cruelty by applicant; marriage was of more than five years; moreso, applicant is of no concern; husband is already in jail. Hence, bail has been prayed for.
Learned AGA as well as learned counsel for the informant has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent.
Having heard learned counsels for both sides and gone through materials placed on record, it is apparent that death is owing to intake of insecticide. No injury except one abraided contusion is there over the person of deceased. Applicant is father-in-law, claiming to be of separate living.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Mahendra Pal, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 16.8.2021 Kamarjahan