Jeevan Ram @ Jeevan Lal vs. State Of U.P.

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28943 of 2021

Applicant :- Jeevan Ram @ Jeevan Lal Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Ajit Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

By means of this application, the applicant who is involved in Case Crime No.95 of 2021, under Sections 498-A and 304-B I.P.C. and 3/4 Dowry Prohibition Act, P.S.Nawabganj, District-Bareilly and is in jail since 05.03.2021, is seeking enlargement on bail during the trial.

F.I.R. of the incident was lodged by the complainant about the death of his daughter Anjali who was married with Anil Maurya. The complainant had given sufficient dowry in the marriage of his daughter but in-laws of his daughter were not happy with the dowry given in the marriage. They started demanding an Apache motorcycle. It was alleged in the F.I.R. that since the additional demand of dowry could not be fulfilled, the accused persons killed his daughter on 01.03.2021.

Learned counsel for the applicant submitted that the applicant happens to be father-in-law of the deceased; general allegations have been made against all the accused persons; the applicant is an old person and is suffering from age related ailments. He further submitted that applicant cannot be beneficiary of the demand of Apache motorcycle because due to old age he will not be able to ride on motorcycle.

He lastly submitted that the applicant, who has no criminal antecedents to his credit, is entitled to be enlarged on bail during pendency of the trial.

The prayer for bail has been vehemently opposed by learned A.G.A.

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

Let the applicant Jeevan Ram @ Jeevan Lal be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail period.

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 31.8.2021

Asha