In a bail application under Section 306 IPC, Hon'ble Bachchoo Lal, J. granted bail to the applicant on a personal bond with two sureties, noting it as a fit case without expressing an opinion on merits.
Release on bail on personal bond and two sureties with conditions to appear in trial and not harass witnesses.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50541 of 2019
Applicant :- Durga Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Prasad Counsel for Opposite Party :- G.A. Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is father-in-law of the deceased. The applicant has falsely been implicated in the present case. The applicant has not harassed or tortured the deceased and has not compelled the deceased to commit suicide. There is no cogent evidence with regard to the abatement against the applicant. In postmortem report the cause of death of the deceased has been shown as shock and asphyxia due to antimortem hanging. The deceased has committed suicide herself. The applicant has no concern with the alleged incident. There is no criminal history of the applicant and is in jail since 11.6.2019.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Durga Prasad involved in Case Crime No. 274 of 2019, under Section 306 IPC, P.S. Mauranipur, District Jhansi 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 :- 20.11.2019/A.
1 issue framed by the court
Whether the present case is a fit case for granting bail despite opposition by the prosecution.
Durga Prasad
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
