Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56821 of 2019 Applicant :- Ram Ji Lal Opposite Party :- State of U.P.
Counsel for Applicant :- Anita Singh,Nirmla Kumari,Prem Babu Verma Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Rajeev Tiwari, learned counsel, has filed vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, 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. It has further been submitted that there is general allegation against the applicant, no specific role has been assigned to the applicant. It has further been submitted that in postmortem report the cause of death of the deceased has been shown shock and hemorrhage as a result of antemortem injury and only one injury traumatic swelling 3 x 3 cm. lower abdomen has been found to the deceased. The applicant has not committed any marpeet with the deceased.There is no direct evidence against the applicant. It has been further submitted that the deceased was ill and her treatment was going on at hospital R-Madhuraj, Agra before her death. There was stone problem in her gallbladder. The doctor had advised for operation and date was fixed 7.8.2019. It has been further submitted that the applicant admitted the deceased in the hospital but during treatment she died. False allegation has been made against the applicant. At the time of alleged incident, the applicant was living separate from the deceased and her husband. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. Co-accused Reshma Devi,mother-in-law of the deceased has already been released on bail by this Court vide order dated 4.12.2019 in Criminal Misc. Bail application No. 53659 of 2019, therefore the applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 3.10.2019.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that the deceased died an unnatural death within four months of her marriage. The applicant and other co accused have harassed and tortured the deceased due to non fulfilment of demand of dowry. The applicant and other co accused have committed the alleged offence, therefore, applicant is not entitled 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 Ram Ji Lal involved in Case Crime No.757 of 2019, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Sadar District Agra be released on bail on hisfurnishing 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 she 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 :- 19.12.2019/A.