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2013 DIGILAW 1663 (ALL)

Vishambhar Nath Gupta v. State of U. P.

2013-06-20

RAMESH SINHA

body2013
Ramesh Sinha, J.;— Sri Satendra Kumar Gupta, Advocate has filed his power on behalf of the complainant which is taken on record. 2. Heard Sri Amit Kumar Srivastava, learned counsel for the applicant, Sri Satendra Kumar Gupta, learned counsel for the complinant and learned A.G.A. for the State. 3. It has been contended by the learned counsel for the applicant that the marriage between the son of the applicant, namely, Amit Kumar, and deceased was solemnized in the year 2009 and the deceased died due to hanging. He further pointed out that the applicant is the father-in-law of the deceased aged about 60 years and suffering from heart trouble which is mentioned in paragraph 14 of the affidavit. The applicant is in jail since 7.2.2013. 4. Sri Sri Viresh Mishra, learned Senior Advocate appearing on behalf of the complainant has vehemently opposed the prayer for bail and submitted that the father-in-law of the deceased and being head of the family he is responsible for safety of his daughter-in-law. He further pointed out that certain injuries were found in the panchayatnama of the deceased. Hence the bail should be rejected. 5. The case of the applicant is distinguishable from the case of co-accused Amit Kumar Gupta who is the husband of the deceased. 6. Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case. 7. Let the applicant Vishambhar Nath Gupta involved in Case Crime No. 217 of 2013, under Sections 498-A, 304-B, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Baradari, District Bareilly be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/intimidate the prosecution witness. (iii) The applicant will appear before the trial Court on the date fixed. (iv) The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behaviour. 8. (ii) The applicant will not pressurize/intimidate the prosecution witness. (iii) The applicant will appear before the trial Court on the date fixed. (iv) The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behaviour. 8. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. 9. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail. _____________