Manpal Singh v. State of UP Through Princ. Secr. Home Gov. of UP at L

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48429 of 2023 Applicant :- Manpal Singh Opposite Party :- State Of Up Through Princ. Secr. Home Gov. Of Up At L Counsel for Applicant :- Dwijendra Prasad Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Dwijendra Prasad, learned counsel for the applicant and Sri Shatruhan Yadav, learned AGA for the State.

¶2The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 180 of 2023, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, Police Station Fariha, District Firozabad during pendency of the trial.

¶3FIR of the present case was lodged against applicant and his family members and according to the FIR marriage of the son of the applicant was performed with the sister of the informant on

25.07.2020 and after marriage applicant and his family members tortured her for demand of dowry and on 09.08.2023 informant received an information that his sister has died under suspicious circumstances.

¶4Learned counsel for the applicant submitted that applicant is father-in-law of the deceased and on the basis of false allegation of demand of dowry and torture, he has been made accused in the present matter. He further submits that actually some dispute arose between husband and wife and due to this reason wife of son of the applicant committed suicide by hanging herself and post mortem report also suggests that deceased died due to hanging.

¶5He next submits that even independent witnesses during investigation stated to the Investigating Officer in their statements that due to dispute between husband and wife, wife committed suicide. He further submits that statement of the independent witnesses have been annexed as Annexure-8 to the affidavit. He further submits that applicant is not having any criminal history and in the present matter he in jail since 17.08.2023.

¶6Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

¶7I have heard learned counsel for the parties and perused the record of the case.

¶8Considering the fact that applicant is father-in-law of the deceased and no specific allegation has been made against him and deceased died due to hanging and even independent witnesses stated in their statements that due to the dispute arose between husband and wife deceased committed suicide, in my view, applicant is entitled to be released on bail.

¶9Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶10Let the applicant -Manpal 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.

¶11In 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.

¶12It 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 :- 9.11.2023 AK Pandey High Court of Judicature at Allahabad