Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51887 of 2019 Applicant :- Mahendra Opposite Party :- State of U.P.
Counsel for Applicant :- Rewti Raman Patel Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant is father-in-law of the deceased and he has falsely been implicated in this case. The F.I.R of the alleged incident has been lodged against eight persons including applicant making general allegation. No specific role has been assigned to the applicant. There was no demand of dowry. The applicant has not harassed and tortured the deceased. In the post mortem report, the cause of death of deceased has been shown Asphyxia due to anti mortem hanging.The deceased has committed suicide herself. The applicant has no concern with the aforesaid offence. The case of the applicant is distinguishable from the case of husband of the deceased. There is no criminal history of the applicant and is in jail since 27.7.2019.
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 Mahendra involved in Case Crime No.590 of 2019, under Section 498-A , 304-B, 323 IPC and 3/4 D.P. Act, Police Station Kotwali Dehat, District Bulandshahr 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 G.S