Sukhlal Vs State of U.P.

Neutral Citation No. - 2023:AHC:117775

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18821 of 2023

Applicant :- Sukhlal Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Sri K.M. Tripathi, Advocate submits that he has filed his power on behalf of the informant in the Registry of this Court, today and therefore, his name could not be shown in the cause list.

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Heard Sri Ajay Pandey, learned counsel for the applicant; Sri K.M. Tripathi, learned counsel for the informant and Sri Jhamman Ram, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in case crime No. 43 of 2023, under Sections 498A, 304B, 316 IPC and 3/4 D.P. Act, Police Station Manjhanpur, District Kaushambi, during pendency of the trial in the court below.

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FIR of the present case was lodged against applicant and his family members and according to the FIR, marriage of the son of applicant was performed with the daughter of the informant on 24.9.2019 and after marriage, daughter of the informant was tortured by applicant and his family members for a motorcycle and on 29.1.2023, applicant and his family members committed her murder for non fulfilment of their demand. It is further mentioned in the FIR, applicant and his family members also cremated his daughter without informing him.

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Learned counsel for the applicant submitted that the entire allegations made against the applicant are totally false and baseless and applicant neither tortured the deceased nor he ever demanded any dowry and only being father in law of the deceased, he has been implicated by the informant in the present matter.

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He further submitted that although in the FIR, it is mentioned that without informing the informant, daughter of the informant has been cremated but actually when daughter in law of the applicant hanged herself then immediately applicant and his

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family members took her to hospital where she was declared dead and thereafter on the information of doctor of the hospital, inquest was prepared which has been annexed as annexure-2 to the affidavit and in the inquest, husband of the deceased i.e. son of the applicant and cousin brother of the deceased-Sharda Prashad Kashyap were also one of the inquest witnesses and thereafter, post mortem of the deceased was conducted, therefore, the allegation that without information, the body of the deceased has been cremated appears to be totally false and baseless.

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He further submitted that during investigation, informant himself admitted that due to mistake, wrong facts with regard to the cremation of the deceased has been mentioned in the FIR. He next submitted that on the basis of general allegation, applicant has been made accused in the present matter and there is no specific allegation against the applicant and actually daughter of the informant and son of the applicant performed love marriage and from their marriage, family members of the deceased were not happy and therefore, due to their torture, she committed suicide. applicant is having no criminal history and he is in jail in the present matter since 27.3.2023, therefore, he may be released on bail.

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Per contra, learned AGA as well as learned counsel for the informant although opposed the prayer for bail but could not dispute the fact that applicant is father in law of the deceased and there is no specific allegation against him and post mortem of the deceased suggests that she committed suicide.

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I have heard learned counsel for the parties and perused the record of the case.

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Applicant is father in law of the deceased and there is no specific allegation against him either in the FIR or in the statement of the witnesses and from the inquest report of the deceased, it appears that husband of the deceased and cousin brother of the deceased were panch witnesses and post mortem report of the deceased suggested that she died due to ante mortem hanging and her hyoid bone was found intact.

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Therefore, considering the aforesaid facts and circumstances of the case, discussed above, in my view, applicant who is father in law is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Sukhlal, be released on bail in the

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aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 26.5.2023

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Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Sukhlal v. State of U.P.

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Sukhlal v. State of U.P.

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