Bail application filed by Amar Singh, father-in-law of deceased, accused in dowry death case contending deceased committed suicide. Court granted bail on personal bond and sureties without expressing opinion on merits.
Applicant released on personal bond and two sureties with conditions against tampering, intimidating witnesses, and mandatory appearance.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51341 of 2019
Applicant :- Amar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, 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. In the statement of informant Mehtab Singh it has come that husband of the deceased used to talk to some other lady and the deceased used to forbid him to do so. It appears that due to which the deceased has committed suicide. 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 26.9.2019
Per contra, learned AGA opposed the prayer 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 Amar Singh involved in Case Crime No.19 of 2019, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Mirahchi District Etah 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 :- 4.12.2019 Gss
1 issue framed by the court
Whether the applicant is eligible for bail in a case alleging dowry harassment under Section 498-A IPC and dowry death under Section 304-B IPC.
3 provisions across 2 enactments
Amar Singh
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
