Ram Asare Jaiswal vs State Of U.P.
2019 Latest Caselaw 419 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9175 of 2019
 

 
Applicant :- Ram Asare Jaiswal
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ashok Kumar Mishra,Krishna Kant Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Sri Kumar Ankit Srivastava, learned counsel filed Vakalatnama on behalf of complainant, is taken on record.

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

Learned counsel for the applicant submits that applicant is father-in-law of the deceased. He has falsely been implicated in the present case. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. There is general allegation against the applicant. No specific role has been assigned to him. In postmortem report the cause of death has been shown asphyxia as a result of ante mortem hanging. Viscera was also preserved but there is no viscera report on record. In fact, the deceased has committed suicide. The applicant has falsely been implicated in the present case. The case of the applicant is distinguishable from the case of husband of the deceased. The co-accused Geeta Jaiswal, mother-in-law of the deceased has already been released on bail by another bench of this court vide order dated 27.2.2019 in Criminal Misc. Bail Application No. 8582 of 2019, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 18.10.2018.

Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that the deceased had died an unnatural death within 1 year and 8 months from the date of her marriage. The deceased was harassed and tortured for non fulfillment of demand of dowry. The applicant and other co-accused have committed the alleged offence, therefore, the applicant is not entitled for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Ram Asare Jaiswal involved in Case Crime No. 176 of 2018, under section 498A, 304B IPC and Section 3/4 D.P. Act, P.S. Sujanganj, District Jaunpur be released on bail on his furnishing a personal bond with 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. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall 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 :- 5.3.2019

Masarrat