Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53884 of 2019 Applicant :- Rajendra Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Salman Ahmad 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. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. The dying declaration of the deceased has also been recorded in which the role of catching the hands of the deceased has been assigned to applicant and the role of catching legs has been assigned to mother-in-law. The main role of administration of poison to the deceased has been assigned to the husband of the deceased. In dying declaration it has come that the husband of the deceased was insisting for divorce and he wants to solemnize second marriage. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. The case of the applicant is distinguishable from the case of the husband of the deceased. The co-accused Smt. Jaywanti Devi, (mother-in-law of the deceased) has already been released on bail by another bench of this court vide order dated 22.8.2019 in Cr. Misc. Bail Application No. 9354 of 2018, therefore, applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 13.7.2017.
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 Rajendra Singh involved in Case Crime No.103 of 2017, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Fariha District Farozabad 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