Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57344 of 2019 Applicant :- Mahendra Opposite Party :- State of U.P.
Counsel for Applicant :- Manish Pandey Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Santosh Kumar Yadav, Advocate has filed vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, Sri Rajesh Kumar Tripathi, Advocate holding brief of Sri Santosh Kumar Yadav, learned counsel for the complainant as well as 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, the cause of death of the deceased has been shown asphyxia due to ante mortem hanging. The deceased has committed suicide herself by bolting the door from inside of the room. There is no direct evidence against the applicant. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. Co-accused Smt. Kanti, mother-in-law of the deceased has already been released on bail by this Court vide order dated 9.12.2019 in Criminal Misc. Bail Application No. 54536 of 2019, therefore, the applicant is also entitled for bail. There is no criminal history of the applicant and she is in jail since 30.10.2019.
Per contra, learned AGA as well as learned counsel for the complainant opposed the prayer for bail and argued that the deceased died within three years of her marriage an unnatural death. The deceased was harassed and tortured by the applicant and other co-accused due to non fulfilment of demand of dowry, therefore the 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 Mahendra involved in Case Crime No.252 of 2019, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Baniyather District Sanbhal at Chandausi 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 she 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 :- 20.12.2019/A.