Phool Singh vs State Of U.P.
2016 Latest Caselaw 4044 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20788 of 2016
 

 
Applicant :- Phool Singh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Dushyant Yadav,Kamlesh Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Supplementary affidavit filed on behalf of applicant be taken on record.

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. In post-mortem report the cause of death of the deceased could not be ascertained, therefore, viscera was preserved. There is no viscera report on record. It has further been submitted that the case of applicant is distinguishable from the case of husband of the deceased who is in jail. The co-accused Smt. Urmila Devi (mother-in-law of the deceased) has already been granted bail by another Bench of this Court vide order dated 27.06.2016, therefore, the applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 07.12.2015.

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 Phool Singh involved in (S.T. No.139 of 2016) Case Crime No.244 of 2015, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Aunchha, District Mainpuri, 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 :- 11.7.2016

Jitendra