Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51661 of 2019 Applicant :- Prem Narayan Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Shri Jai Prakash Singh-I, Advocate, has filed his power on behalf of the complainant in the Court today, the same is taken on record.
Heard learned counsel for the applicant and in opposition, learned counsel for the complainant and learned A.G.A. for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No. 218 of 2019, under Sections 498A, 304B of I.P.C. and Section 3/4 of D.P. Act, Police Station - Allahaganj, District - Shahjahanpur, during the pendency of trial.
It is argued by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He is father-in-law of the deceased. The deceased has committed suicide, because in the postmortem report, cause of death was found to be asphyxia as a result of ante-mortem hanging and no other injury has been found except ligature mark. Hyoid bone was also found to be intact. It is further stated that the accused- applicant was living in the ground floor, while the deceased and her husband were living on the first floor. They (the applicant and his sone) were living in the same house, but in separate floors on account of love marriage. Whatever dispute was there, it was between the deceased and her husband. The accused- applicant has got nothing to do with the occurrence. He further stated that at the time of inquest, the accused-applicant was present there. The applicant is lying in prison since 15.09.2019 and if released on bail, he will not misuse its liberty.
On the other hand, learned counsel for the informant and learned A.G.A. vehemently opposed the prayer for bail and has argued that the victim/deceased was pregnant of three months when she was killed by the accused-applicant in association with other co-accused for non-fulfillment of demand of Rs. 3 Lakh and a four-wheeler.
Without expressing any opinion on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before this Court deserves to be allowed.
Ordered accordingly.
Let the applicant - Prem Narayan involved in aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 I. Batabyal