Allahabad High Court
Bal Kishan vs State Of U.P. on 20 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21025 of 2019
Applicant :- Bal Kishan
Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghuvansh Misra
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, 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. The marriage of the deceased was solemnized with the son of applicant namely Arvind Gupta on 10.2.2010. Admittedly, the deceased had been keeping unwell and was taking medication for treatment of seizures, therefore, it is likely that the deceased consumed some substance accidentally that adversely reacted in her body resulting into her death. It has further been submitted that the deceased was a patient of seizures for so many years. The deceased was under severe depression. As a result of her illness, the deceased was unable to conceive a child. Furthermore, the deceased depressed about the death of her sister Madhu. It is thus, suspected that the deceased voluntarily consumed some poisonous substance to end her own life. There was no dispute of demand of dowry. The applicant has not administered any poison to the deceased. There was no eye witness of the alleged occurrence. As per postmortem report the cause of death of the deceased could not be ascertained, therefore, viscera was preserved. In viscera report Organo-choloro insecticide poison has been found to the deceased. It has further been submitted that applicant has no concern with the alleged incident. The applicant was living separate from the deceased and her husband. He has falsely been implicated in the present case. The co-accused Smt. Sharda Gupta, mother-in-law of the deceased has already been released on bail by this court vide order dated 24.4.2019 in Criminal Misc. Bail Application No. 17091 of 2019, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 4.4.2019.
Per contra; learned A.G.A. has opposed the prayer 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 Bal Kishan involved in Case Crime No. 0056 of 2018, under section 302 IPC, P.S. Salempur, District Bulandshahr 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 :- 20.5.2019
Masarrat
