Nankau vs State Of Up
2016 Latest Caselaw 804 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 2152 of 2016
 

 
Applicant :- Nankau
 
Opposite Party :- State Of Up
 
Counsel for Applicant :- Dhananjai Kumar 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 father-in-law of the deceased. There was no dispute of demand of dowry. The applicant has not harassed and 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. At the time of the alleged incident the applicant was living separate from the deceased and her husband. The case of the applicant is distinguishable from the case of husband of the deceased. The co-accused Smt. Nasimunnisha mother-in-law of the deceased has already been granted bail by this Court vide order dated 15.03.2016, therefore, the applicant is also entitled for bail. There is no criminal history of the applicant and he is in jail since 01.08.2015.

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 Nankau involved in Case Crime No.1038 of 2015, Under Sections  498-A, 304-B, 323 I.P.C. and 3/4 D.P. Act, Police Station Kotwali Nanpara, District Bahraich, 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 :- 17.3.2016

Jitendra