Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55740 of 2019 Applicant :- Munna Lal Opposite Party :- State of U.P.
Counsel for Applicant :- Nitin Raj Singh,Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Ajay Kumar Dwivedi, learned counsel, has field vakalatnama and counter affidavit on behalf of the complainant, let these documents be taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, 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. There is no eye witness of the alleged occurrence. In the postmortem report, one contusion along with ligature mark has been found to the deceased. The cause of death of the deceased has been shown asphyxia as a result of ante mortem hanging. The deceased has committed suicide herself. The applicant has not compelled the deceased to commit suicide. The real fact is that the deceased wanted to live separate from her in-laws in city due to which she committed suicide. Neither the applicant has caused any injury to the deceased nor has committed the alleged offence. The applicant has no concern with the alleged incident and has falsely been implicated in the present case due to being father of the husband of the deceased. The case of the applicant is distinguishable from the case of the husband of the deceased. There is no criminal history of the applicant and is in jail since 15.10.2019.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that the deceased was harassed and tortured by the applicant and other co-accused due to non fulfilment of demand of dowry. One contusion has also been found on the body of the deceased with ligature mark. Photograph of the deceased has been filed with short counter affidavit and argued that some cut marks were also present on the neck of the deceased. Prior to the alleged incident the deceased was harassed and tortured by the applicant and other co-accused. The deceased died unnatural death within one year of her marriage, therefore, 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 Munna Lal involved in Case Crime No. 126 of 2019, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Khairgarh District Firozabad 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 :- 16.12.2019 Gss