Allahabad High Court
Viri Singh And Another vs State Of U.P. And Another on 24 July, 2019
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29530 of 2019 Applicant :- Viri Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gopal Misra Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
Heard Sri Gopal Misra, learned counsel for the applicants, Sri Yogesh Kumar, learned counsel for the complainant, Sri Irshad Hussain, learned counsel for the complainant and learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicants that the applicants are father-in-law and mother-in-law of the deceased. The husband of the deceased has already been arrested in the present case and is confined in jail. Except bald allegation no specific allegation has been levelled against the applicants. The F.I.R. of the present case was lodged after three days of the incident. The last rites of the deceased was performed in the presence of the informant and his family members. As per the post mortem report, the cause of death of the deceased is asphyxia as a result of ante mortem hanging and except the ligature mark no ante mortem injury was found on her person. The applicant has no criminal antecedents. He argued that applicant no. 2 is 50% disabled and both the applicants are senior citizens.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that it is a case of dowry death. The deceased died an unnatural death in her matrimonial home within seven years of marriage.
Without expressing any opinion on the merits of the case and considering the submission advanced, the nature and gravity of the accusation, I find no good ground for grant of bail to the applicants Viri Singh and Guddi involved in Case Crime No. 59 of 2019 under sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, police station Pinahat, District Agra.
Accordingly, the anticipatory bail application is rejected.
However, the applicant will be at liberty to move regular bail application under section 439 Cr.P.C., if so advised.
Order Date :- 24.7.2019 Shiraz