Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25007 of 2020 Applicant :- Umashankar Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Awadhesh Kumar Yadav Counsel for Opposite Party :- G.A.,Santosh Kumar Tiwari
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Umashankar Yadav has prayed to release him on bail in Case Crime No. 46 of 2020, u/s 498-A, 304-B, 201 I.P.C. & 3/4 of D.P. Act, P.S. Parsamalik, District Maharajganj.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and he is languishing in jail since 8.5.2020. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case of release on bail. He is old aged father-in-law of deceased, having no concern with affairs of deceased or her husband. Her husband is already languishing in jail. Death is owing to antemortem strangulation and dead body was found in a pond. Whatever is there is to be explained by husband. Even in the statement under Section 161 of Cr.P.C. of Madhuri Yadav, it is there that deceased had narrated about her separate living with her husband. Hence, bail has been prayed for.
Learned AGA as well as learned counsel for the informant has vehemently opposed with this contention that it was a murder by strangulation. Then after, dead body was thrown in the pond, adjacent to the house of applicant. It was a case of dowry and cruelty with regard to it. Death was within seven years of marriage.
Having heard learned counsel for both sides and gone thorough the material placed on record, it is apparent that applicant is father-in-law, said to be of separate living in the statement of Madhuri Yadav, who was a witness of inquest proceeding and real aunt of deceased. No criminal antecedent of applicant is there. Under all above facts and circumstances as well as considering the nature of accusations, severity of the punishment in the case of conviction but without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Umashankar Yadav, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 30.7.2021 Kamarjahan