Chandra Pal Vs State of U.P.

Neutral Citation No. - 2023:AHC:158495

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9666 of 2023

Applicant :- Chandra Pal Opposite Party :- State of U.P. Counsel for Applicant :- Awadh Bihari Pandey Counsel for Opposite Party :- G.A.,Geetam Singh

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Hon'ble Sameer Jain,J.

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Heard Sri Awadh Bihari Pandey, learned counsel for the applicant, Sri Geetam Singh, learned counsel for the informant and Sri Suresh Bahadur Singh, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 290 of 2022, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, Police Station Jawan, District Aligarh during pendency of the trial.

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FIR of the present case was lodged against applicant and his family members including husband of the deceased and according to the FIR marriage of the son of the applicant was performed with the sister of the informant on 21.04.2022 but after marriage applicant and his family members tortured the deceased for want dowry and on 15.09.2022 they have committed her murder for want of dowry.

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Learned counsel for the applicant submitted that applicant is father-in-law of the deceased and totally on the basis of false allegation of demand of dowry and torture, he has been made accused in the present matter and actually deceased committed suicide as she wanted to live separately along with her husband and post mortem report of the deceased also suggests that she died due to hanging and her hyoid bone was found intact.

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He further submits that neither in the FIR nor in the statement of informant recorded during investigation there was any specific allegation of demand of dowry and on the basis of vague allegation of demand of dowry, applicant has been roped in the present matter along with other family members. He next submits that applicant is not having any criminal history and in the present matter he is in jail since 19.09.2022 i.e. for almost eleven months.

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Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is father-in-law of the deceased and his daughter-in-law died within five months of her marriage and there is also allegation of demand of dowry but both the counsels could not dispute the fact that neither in the FIR nor in the statement of the informant recorded during investigation there was any specific allegation of demand of dowry and both the counsels further could not dispute the fact that post mortem report suggests that deceased died due to hanging and applicant is father-in-law of the deceased and he is in jail since 15.09.2022.

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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 although his daughter-in-law died within five months of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but neither in the FIR nor in the statement recorded under Section 161 Cr.P.C. there was any specific allegation of demand of dowry and it appears that on the basis of vague allegation of demand of dowry FIR of the present case was lodged.

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Further, from the autopsy report of the deceased, it appears that deceased died due to hanging and her hyoid bone was found intact and applicant in the present matter is in jail since September, 2022 i.e. for almost eleven months.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant 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 - Chandra Pal be released on bail in the 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

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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 anti-social 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 :- 7.8.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Chandra Pal v. State of U.P.

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Chandra Pal v. State of U.P.

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