Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15254 of 2018 Applicant :- Phool Chandra Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Kumar Chaurasia,Krishna Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri K.K. Singh, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 0008 of 2018, u/s 498A, 304B IPC and 3/4 D.P. Act, P.S. Mahuli, District Sant kabir Nagar with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant is father-in-law of the deceased and the marriage of his son was solemnized with the deceased about five years back. It is argued that it was a case of accidental burn, which took place on 10.01.2018, she was immediately shifted in the hospital by the applicant himself, she remain under treatment and ultimately she succumbed to injury on 18.01.2018. After her death, F.I.R. was lodged on 18.1.2018 at 12.11 pm. It is stated that the husband of the deceased is in jail and his case is distinguishable from the applicant.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Phool Chandra involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.4.2018 Dhirendra/