Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51599 of 2019 Applicant :- Salman Opposite Party :- State of U.P.
Counsel for Applicant :- Akhilesh Kumar Mishra,Ashok Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Hitesh Pachori, Advocate has filed vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is devar of the deceased. The applicant has falsely been implicated in the present case. The applicant is not a beneficiary of the alleged demand of dowry. There is general allegation against the applicant. No specific role has been assigned to the applicant. As per postmortem report the cause of death of the deceased could not be ascertained, therefore, the viscera was preserved but the viscera report has not been received till date. The applicant has no concern with the alleged incident. The case of the applicant is distinguishable from the case of husband of the deceased. Co-accused Naseema mother-in-law of the deceased has already been released on bail by this Court vide order dated 19.11.2019 in Criminal Misc. Bail Application No. 49163 of 2019, therefore, the applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 22.7.2019.
Per contra, learned counsel for the complainant as well as learned A.G.A opposed the prayer for bail and argued that at the time of the postmortem three injuries have been found on the body of the deceased which shows that prior to the alleged incident the applicant and other co-accused have committed marpeet with the deceased and they forcibly administered poison to the deceased. The applicant and other co-accused have committed the alleged offence, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Salman involved in Case Crime No. 182 of 2019, under Sections 498A, 304B,323 IPC and 3/4 D.P. Act, P.S. Afzalgarh, District Bijnor 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 co-operate 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 :- 27.11.2019 A.