Sukh Deen vs State Of U.P.
2015 Latest Caselaw 5648 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 11525 of 2015
 

 
Applicant :- Sukh Deen
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Jaikaran
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bachchoo Lal,J.

Heard learned Counsel for the applicant, learned  A.G.A. and perused the record.

Learned counsel for the applicant submits that the applicant is father-in-law of the deceased. The marriage of the daughter of the applicant was solemnized with deceased on 04.06.2015. There was no dispute between the deceased and daughter of the applicant. The deceased fell down into well when he was going to call of nature. In post-mortem report no ante-mortem injury has been found on the body of the deceased. The cause of death of the deceased has been shown asphyxia due to ante-mortem drowing. It has further been submitted that there is no directed evidence against the applicant. There is only evidence of last seen against the applicant. No incriminating article has been recovered from the possession of the applicant or on his pointing out. The co-accused Dharampal having identical role has already been granted bail by this Court vide order dated 10.12.2015, therefore, the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and he is in jail since 24.06.2015.

Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the fact that co-accused having identical role has already been released on bail.

Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

Let the applicant Sukh Deen involved in Case Crime No.362 of 2015, under Sections 302, 201 I.P.C., Police Station Bhadokhar, District Raebareli, 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 evidence. 

2.   The applicant will not pressurize/intimidate the prosecution witnesses and cooperate 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 :- 22.12.2015

Jitendra