Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30673 of 2021 Applicant :- Nandlal Gaur Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishek Singh,Sandeep Mishra 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 father-in-law of deceased and he has been falsely implicated in this case. The allegations regarding dowry demand and harassment are false and baseless. The marriage of deceased with son of applicant was solemnized on 28.11.2019 and that allegations of dowry demand are false. It was submitted that husband of deceased was the sole earning member of the family but the deceased was pressurizing him to live at her parental home and on that issue a quarrel has taken place between deceased and her husband and that she has committed suicide due to that reason. Learned counsel submitted that though, in postmortem report, cause of death has been shown ante-mortem injuries but in the postmortem report, except ligature mark, no other injury has been shown on the body of deceased and that the opinion of said doctor does not corroborate with the injuries shown on the body of deceased. Learned counsel submitted that in postmortem report, no such injury on the body of deceased was found, which may have resulted into death of deceased. Learned counsel submitted that in fact deceased has died due to hanging and that her hyoid bone was shown intact. It has been further submitted that only general allegations of dowry demand and harassment have been levelled against the applicant and co-accused persons and that no specific role has been assigned to applicant. Lastly, it was submitted that the applicant is languishing in jail since 23.12.2020, having no criminal history and that in case the applicant 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 Nandlal Gaur involved in Case Crime No. 246 of 2020, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Gaurabadshahpur, District Jaunpur, 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 :- 19.8.2021 A. Tripathi