Danish vs State Of U.P.
2015 Latest Caselaw 3085 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 8668 of 2015
 

 
Applicant :- Danish
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Syed Ahmad Mehdi,Amit Tripathi
 
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 devar of the deceased. There was no dispute of demand of dowry. The applicant  has not harassed or tortured to the deceased. It has further been submitted that there is general allegation against the applicant. No specific role has been assigned to the applicant.The deceased has committed suicide herself. The applicant has no concern with the alleged incident.  No dying declaration of the deceased was recorded. It has further been submitted that co-accused Majlisi mother-in-law of the deceased has already been granted bail by another bench of this Court vide order dated 16.7.2015 in Criminal Misc. Bail Application No. 6121 of 2015, therefore, the applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 11.1.2015.

Per contra, learned A.G.A has opposed the prayer 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  Danish involved in Case Crime No. 8 of 2015, under Sections 498A, 304B, IPC and 3/4 D.P. Act, 1961  P.S. Cantt, District Faizabad 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 at liberty to cancel the bail of the applicant.

Order Date :- 12.10.2015

A.