Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56147 of 2019 Applicant :- Raj Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Birendra Kumar Gautam,Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is father-in-law of the deceased. In post mortem report the cause of death of the deceased has been shown asphyxia as a result of ante mortem hanging. The deceased has committed suicide herself. A suicide note was also left by the deceased in which she has not made any allegation against the applicant. The applicant has not harassed or tortured the deceased. There is no cogent evidence with regard to abetment against the applicant. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. There is no criminal history of the applicant and is in jail since 6.11.2019.
Per contra, learned AGA opposed the prayer 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 Raj Kumar involved in Case Crime No. 718 of 2019, under Section 498-A, 306, 504 IPC and 3/4 D.P.Act, Police Station Modi Nagar District Ghaziabad 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 :- 17.12.2019 Gss