Devi Dayal Yadav vs State Of U.P.
2016 Latest Caselaw 1834 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12690 of 2016
 

 
Applicant :- Devi Dayal Yadav
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Akhilesh Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
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. There was no dispute of demand of dowry. The applicant has not harassed and tortured to the deceased. There is general allegation against the applicant. No specific role has been assigned to him. No dying declaration of the deceased was recorded. In fact the deceased was regularly insisting upon her husband Dinesh Yadav to take her with him as he was appointed at abroad and when her husband refused to take her with him due to which  the deceased has committed suicide herself. The applicant has no concern with the alleged incident. The applicant is an old man aged about 63 years. The co-accused Prabhawati Devi (mother-in-law of the deceased) has already been granted bail by this Court vide order dated 08.04.2016, therefore, the applicant is also entitled for bail. There is no criminal history of the applicant and he is in jail since 02.12.2015.

Per contra, learned A.G.A. opposed the prayer for 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 Devi Dayal Yadav involved in Case Crime No.915 of 2015, Under Sections 498-A, 304-B, 201 I.P.C. and 3/4 D.P. Act, Police Station Dhanghata, District Sant Kabir Nagar, 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 will 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 :- 25.4.2016

Jitendra