BAIL/57514/2019 of ASHOK Vs State of U.P. on 20 December 2019

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57514 of 2019

Applicant :- AshokOpposite Party :- State of U.P.Counsel for Applicant :- Vipul Shukla,Radhey Shyam ShuklaCounsel for Opposite Party :- G.A.

Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for theState and perused the record.

Learned counsel for the applicant submits that applicant isfather-in-law of the deceased. The FIR of the alleged incidentwas lodged against 6 persons including the applicant undersection 328 and 302 IPC. In the statement of Abhishek Kumar ithas come that the wife of deceased namely Anjali took thedeceased at her parental house where she gave poisonous rice tothe deceased. It has further been submitted that duringinvestigation the incident of murder has not been found and thecase was converted under section 306 IPC and it was found thatthe deceased has himself consumed poisonous substance. It hasfurther been submitted that applicant has no concern with thealleged incident. There is no direct evidence against theapplicant. The applicant has not compelled the deceased tocommit suicide and has not detained Anjali at his house. Thedaughter of the applicant namely Anjali and deceasedsolemnized their love marriage. There is no cogent evidenceagainst the applicant with regard to abetment. The co -accused Smt. Rekha ( mother-in-law of the deceased) has already beenreleased on bail by this court vide order dated 17.12.2019 inCr.Misc.Bail Application No. 56048 of 2019, therefore,applicant is also entitled for bail. The applicant has no criminalhistory and is in jail since 8.10.2019.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and withoutexpressing any opinion on the merits of the case, I find it a fitcase for bail.

Let the applicant Ashok involved in Case Crime No. 219 of2019, under section 306 IPC, P.S. Kotwali, DistrictShahjahanpur be released on bail on his furnishing a personalbond with two sureties each in the like amount to thesatisfaction of the court concerned with the following