Single judge granted bail to an old father-in-law charged with dowry harassment and death of wife, holding it is a fit case despite opposition by AGA, subject to standard conditions.
Released on bail on furnishing personal bond and two sureties in like amount with conditions to not tamper with evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52295 of 2019
Applicant :- Dayashankar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar Tripathi 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. The applicant is an old man aged about 74 years. In the postmortem report, the cause of death of deceased has been shown asphyxia due to antemortem hanging and synepal attack due to cardiac arrest. At the time of alleged incident, the applicant was living separate from the deceased and her husband. There is no direct evidence against the applicant. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. 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 2.9.2019.
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 Dayashankar Singh involved in Case Crime No.230 of 2019 under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Chunar District Mirzapur 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;
court concerned.
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 :- 9.12.2019 Gss
2 issues framed by the court
Whether this case is fit for the grant of bail to the applicant.
Whether the conditions of bail should be imposed on the applicant.
3 provisions across 2 enactments
Dayashankar Singh
State of U.P.
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
