Dharm Pal vs State Of U.P.
2016 Latest Caselaw 109 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 
Case :- BAIL No. - 9570 of 2015
 
Applicant :- Dharm Pal
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sanjay Kumar Mishra
 
Counsel for Opposite Party :- Govt. Advocate,Rama Shanker
 

 
Hon'ble Bachchoo Lal,J.

Heard learned Counsel for the applicant, learned  A.G.A. as well as learned counsel for the complainant and perused the record.

Learned counsel for the applicant submits that the applicant is husband of the deceased. There was no dispute of demand of dowry. The marriage of the applicant was solemnized with deceased more than seven years ago from the date of alleged incident. There are two minor children from the wedlock of the deceased and applicant. It has further been submitted that financial condition of the applicant as well as complainant is not good and applicant has not demanded any dowry from complainant and has not harassed or tortured to the deceased. The deceased has committed suicide herself. The applicant admitted the deceased in hospital to save  her life but she succumbed to her injuries. The applicant has not compelled the deceased to commit suicide. False allegation has been made against the applicant. There is no criminal history of the applicant and he is in jail since 23.07.2015.

Per contra, learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail and argued that the deceased was harassed and tortured due to non-fulfillment of demand of dowry. The applicant and his family members have not given any information with regard to the alleged incident. The applicant and his family members harassed and tortured to the deceased for non-fulfillment of demand of dowry due to which she has committed suicide, therefore, the applicant is not entitled 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 Dharm Pal involved in Case Crime No.94 of 2015, Under Sections498-A, 306 I.P.C., Police Station Thangaon, District Sitapur, 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 :- 9.3.2016

Jitendra