Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15368 of 2018 Applicant :- Makkhan Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Narayan Verma Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Shyam Narayan Verma, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Makkhan Lal in Case Crime No.4 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Puramufti, District-Kaushambi with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant is the aged father-in-law of the deceased. The marriage of son of the applicant was solemnized with the deceased about five years' back as per the prosecution case. It is argued that even after five years of marriage, the deceased could not conceive, therefore, she was running in depression and out of frustration, she committed suicide by hanging. No other ante mortem injury except ligature mark was found on the person of the deceased in the post mortem report. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 5.1.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Makkhan Lal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 26.4.2018 MN/-