The Court granted bail to the applicant, Raj Narain Yadav, accused under Section 306 IPC. The bail was allowed based on claims that the deceased committed suicide and the applicant had no concern with the matter.
Released on bail by furnishing a personal bond and two heavy sureties each in like amount.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47541 of 2019
Applicant :- Raj Narain Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Learned counsel for the applicant is permitted to correct the name of the applicant in the memo of application.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is father-in-law of the deceased. He has no concern with the present matter. Cause of death shown in the post mortem report is ante mortem injuries due to hanging. What sort of dowry was being demanded has not been made clear in the FIR. Deceased committed suicide herself. The applicant has no criminal history. He is languishing in jail since 9.5.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Raj Narain Yadav involved in Case Crime No. 101 of 2019, under Sections 306 I.P.C., P.S. Sikrara, District Jaunpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the conditions :
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 13.11.2019/Sachdeva
3 issues framed by the court
Whether the applicant, accused under Section 306 IPC, is entitled to bail.
Whether the applicant has made out a case for bail by showing no criminal history and innocence.
Whether the applicant can be released on a personal bond and two heavy sureties.
1 provisions across 1 enactments
Raj Narain Yadav
Om Prakash-VII, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
