Allahabad High Court
Ravi vs State Of U.P. on 6 March, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9459 of 2019
Applicant :- Ravi
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajendra Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Bhaiya Ram Maurya, 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 Devar of the deceased. He has falsely been implicated in the present case. There is general allegation against the applicant. No specific role has been assigned to him. At the time of postmortem the cause of death of the deceased could not be ascertained, therefore, viscera was preserved. In viscera report Ornegochloro Insecticide poison has been found to the deceased. In fact, the deceased and her husband were living at Delhi and doing labour work. It appears that due to dispute with her husband the deceased has committed suicide. The applicant has no concern with the alleged incident. At the time of alleged incident the applicant was living separate from the deceased and her husband. The co-accused Smt. Balpoti, mother-in-law of the deceased has already been released on bail by another bench of this court vide order dated 15.2.2019 in Criminal Misc. Bail Application No. 4724 of 2019. The applicant has no criminal history and is in jail since 1.9.2018.
Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that in postmortem report it has been mentioned that swelling was present in mouth and nose of the deceased and bleeding was present from nose. 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 Ravi involved in Case Crime No. 613 of 2018, under section 147, 498A, 304B IPC and Section 3/4 D.P. Act, P.S. Karhal, District Mainpuri 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 :- 6.3.2019
Masarrat
