Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23266 of 2021 Applicant :- Mool Chandra Opposite Party :- State of U.P.
Counsel for Applicant :- Vinod Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence and has been falsely implicated in the present case. It is submitted that the applicant is the father-in-law of deceased and only general allegations of demand of dowry and harassment have been levelled against all the four accused persons including the applicant and no specific role has been assigned to the applicant. It is contended by learned counsel for the applicant that the marriage of the deceased with the son of the applicant was solemnised two years before the incident but during that period of two years, no complaint was made against the applicant. It is argued that in fact the deceased has committed suicide and after the incident she was taken to the hospital and was provided treatment and on the advise of the Doctors, she was taken to Delhi, where she died on 08.12.2019 while she was under treatment. It has been submitted that in the post mortem report of deceased except one minor injury, no other injury has been shown on the body of the deceased and cause of death could not be ascertained and viscera was preserved. As per the Forensic Science Laboratory report, Organo Phosphorus Insecticide has been found in the viscera of the deceased. It is further submitted that the applicant is languishing in jail since 10.3.2021 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Mool Chandra involved in Case Crime No. 356 of 2019, under Sections498A, 304B IPC and Section 3/4 Dowry Prohibition Act, Police Station Bisauli, District Budaun be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 29.10.2021 Faraz Digitally signed by RAJBEER SINGH Date: 2021.10.29 18:42:55 IST Reason: Document Owner Location: High Court of Judicature at Allahabad