Mahendra Singh v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17220 of 2021 Applicant :- Mahendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Lavkush Kumar Bhatt,Dharmendra Kumar Singh,Pravin Kumar,Radhey Shyam Yadav,Sudhir Kumar Kulshrestha Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Supplementary affidavit filed today on behalf of the applicant is taken on record.

¶2Heard Sri Dharmendra Kumar Singh, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State-respondent.

¶3The instant application has been filed seeking release of the applicant on bail in Case Crime No. 188 of 2020, under Sections 498-A, 304-B IPC & 3/4 D.P. Act, Police Station-Kayamganj, District-Farrukhabad, during pendency of the trial in the court below.

¶4Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on

03.02.2021 and he is pressing the instant second bail application on the ground that applicant is the father-in-law of the deceased and he is in jail since 13.06.2020 i.e. for more than three years and during trial, informant and other witnesses have been declared hostile. He further submitted that applicant is not having any criminal history.

¶5Per contra, learned AGA although, opposed the prayer for bail but could not dispute the fact that applicant is the father-in-law of the deceased and he is in jail for more than three years and during trial informant and other witnesses of the fact did not support the prosecution case and they have been declared hostile. He further could not dispute the fact that daughter-in-law of the deceased died due to hanging.

¶6I have heard learned counsel for the parties and perused the record of the case.

¶7However, this is the second bail application filed on behalf of the applicant but applicant is the father-in-law of the deceased although, it appears that his daughter-in-law has died within four months of her marriage under abnormal circumstances and there was also allegation of demand of dowry but from the perusal of the post-mortem report of the deceased, it appears that deceased died due to hanging and applicant, who is father-in-law of the deceased, is in jail since 13.06.2020 i.e. for more than three years and informant and other witnesses of fact when appeared before the trial court then they did not support the prosecution case and have been declared hostile.

¶8Further, from the record, it reflects that mother-in-law of the deceased, Gyan Devi, has been released on bail by co-ordinate Bench of this Court vide order dated 29.03.2023 passed in Criminal Misc. Bail Application No. 16877 of 2021.

¶9Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

¶10Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶11Let the applicant-Mahendra Singh 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:-

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

(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.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶12In 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.

¶13It 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. Order Date :- 28.10.2023 KK Patel High Court of Judicature at Allahabad