Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51644 of 2019 Applicant :- Seva Lal Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Anant Prakash Mishra,Ram Sewak Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No. 156 of 2018, under Sections 498A, 304B, 120B of I.P.C. and Section 3/4 of D.P. Act, Police Station - Rampur, District - Jaunpur, during the pendency of trial.
It is argued by learned counsel for the applicant that the deceased had died due to having depression on account of not bearing any child, by consuming poison. The applicant, who is father-in-law of the deceased, has been implicated in this case on false allegation that he was demanding Rs. 1 lakh cash and a motorcycle. No such demand was ever made. In viscera report, Aluminium Phosphide has been found to be reason consuming which the deceased has died. In the postmortem report, no external injury is found. The applicant is lying in prison since 16.09.2019. He further argued that similarly circumstanced co- accused Shanti Devi, who is mother-in-law of the deceased, has been granted bail by coordinate Bench of this Court, vide order dated 18.11.2019 passed in Criminal Misc. Bail Application No.
- 50403 of 2019 (Shanti Devi v. State of U.P.). Hence, the present applicant also deserves to be admitted to bail on the ground of parity.
On the other hand, learned A.G.A. vehemently opposed the grant of bail and stated that role of instigating his son to kill the deceased has been assigned to the applicant, to which learned counsel for the applicant responded that the said role was assigned to both mother-in-law Shanti Devi as well as father-in- law Seva Lal Yadav, the accused-appellant.
Without expressing any opinion on the merits of the case, considering the facts and circumstances of the case and looking to the fact that similarly circumstanced co-accused has already been granted bail by this Court, I am of the view that the bail application filed before this Court deserves to be allowed.
Ordered accordingly.
Let the applicant - Seva Lal Yadav involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 I. Batabyal