Hon'ble Bachchoo Lal J. granted bail to Jai Prakash, father-in-law of deceased, in a case under Sections 498-A, 304-B, and 323 IPC. The court deemed it a fit case for bail upon presentation of a personal bond and sureties.
Applicant released on bail upon furnishing a personal bond and two sureties each in an amount to the satisfaction of the court concerned.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47865 of 2019
Applicant :- Jai Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A.,Mohammad Zakir
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA 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 or tortured the deceased. It has further been submitted that there is general allegation against the applicant, no specific role has been assigned to the applicant. In the postmortem report, the cause of death of the deceased has been shown asphyxia due to ante mortem hanging. The deceased has committed suicide herself. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. There is no direct evidence against the applicant. The case of the applicant is distinguishable from the case of the husband of the deceased. There is no criminal history of the applicant and is in jail since 28.8.2019.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that the deceased was harassed and tortured due to non fulfilment of demand of dowry. The deceased died an unnatural death within 2 years of her marriage. The applicant has committed the alleged offence, therefore, he is not entitled for bail.
Having given my thoughtful consideration to the submissions 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 Jai Prakash involved in Case Crime No.465 of 2019, under Section 498-A, 304-B, 323 IPC and 3/4 D.P.Act, Police Station Jewar District Gautambudh Nagar 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;
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 :- 2.12.2019 Gss
2 issues framed by the court
Whether the applicant, father-in-law of deceased, is entitled to bail in a case involving alleged dowry harassment and under Section 304-B IPC.
Whether the applicant can be released on bail furnished a personal bond and sureties despite the unnatural death of wife within two years of marriage.
4 provisions across 2 enactments
Jai Prakash
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
