Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51802 of 2019 Applicant :- Suresh Bind Opposite Party :- State of U.P.
Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant is father-in-law of the deceased. He has falsely been implicated in the present case. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. The dying declaration of the deceased was also recorded in which main allegation is against her mother-in-law. In her dying declaration she has clearly stated that applicant and her husband had not made any demand of dowry. It has further been submitted that the deceased in her dying declaration has clearly stated that she could not see and identify the person who has set her on fire due to darkness. It has further been submitted that there is no direct evidence against the applicant. The FIR has been lodged on the basis of an application moved U/s 156(3) Cr.P.C. after 7 months of the alleged incident. The applicant has no criminal history and is in jail since 15.9.2019.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Suresh Bind involved in Case Crime No. 81 of 2019, under section 498A, 304B IPC and Section 3/4 D.P. Act, P.S. Bansdeeh Road, District Ballia be released on bail on his furnishing a personal bond with 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 evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
court shall be at liberty to cancel the bail of the applicant.
Order Date :- 27.11.2019 Masarrat