Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31261 of 2021 Applicant :- Ramanpal Opposite Party :- State of U.P.
Counsel for Applicant :- Saurabh Yadav,Deepesh Kumar Ojha Counsel for Opposite Party :- G.A.,Deepak Kumar Srivastava
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is father-in-law of deceased and he has not committed any offence. Though, the marriage of deceased with son of applicant has taken place only about two years prior to the incident but only general allegations of dowry demand and harassment have been levelled against all the five accused persons including the applicant. No specific role has been assigned to applicant. In postmortem report, cause of death has been shown ante-mortem hanging and except ligature mark, no other injury has been shown on the body of deceased. It has been further submitted that similarly placed co-accused Smt. Jamuna Devi, who is mother-in-law of deceased, has already been granted bail by co-ordinate Bench of this Court vide order dated 07.09.2021, passed in Criminal Misc. Bail Application No. 31293 of 2021. Lastly, it was submitted that the applicant is languishing in jail since 12.03.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that applicant is father-
in-law of deceased and there are allegations against the applicant that he and co-accused persons used to harass the deceased. However, it could not be disputed that similarly placed co-accused Jamuna Devi, who is mother-in-law of deceased, has already been granted bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ramanpal involved in Case Crime No. 30 of 2021, under Section 498-A, 304-B IPC and Section 3/4 D.P. Act, P.S. Paraur, District Shahjahanpur, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 23.9.2021 A. Tripathi