In Criminal Misc. Bail Application No. 48369 of 2019, the Hon'ble Court of Court No. 68 granted bail to the applicant, husband of the deceased, in a case involving sections 498A, 304B IPC without prejudice to merits of the case.
Applicant released on bail by furnishing a personal bond with two sureties each.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48369 of 2019
Applicant :- Shri Ram Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Rizwan Ahamad Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned Counsel for the applicant submits that the applicant is husband of the deceased. The marriage of the applicant was solemnized with the deceased on 23.4.2017. There is one daughter from the wedlock of the applicant and deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. It has further been submitted that the deceased was ill and treatment of deceased was going on by the Doctor of M.L.N. Medical College, Allahabad. The deceased was admitted in hospital on 4.10.2018 where she died on 5.10.2018. Death certificate was also issued by the Doctor of concerned hospital. In death certificate, the cause of death of the deceased has been shown as Septic Shock, Respiratory failure, Anaemia and Bronchial Asthama due to infection in both lungs. The deceased died a natural death. The applicant has not committed the alleged offence. The applicant has no criminal history and is in jail since 01.08.2019.
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 Shri Ram Nishad involved in Case Crime No. 123 of 2018, under section 498A, 304B, 323, 504 IPC and 3/4 D.P. Act, P.S. Lalapur, District Prayagraj (Allahabad) 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:
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 :- 11.12.2019 S. Singh
1 issue framed by the court
Whether the applicant is a fit case for bail in a matrimonial offence involving dowry death allegations.
2 provisions across 2 enactments
Shri Ram Nishad
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
