Allahabad High Court
Narendra Kumar Gupta @ Tinku vs State Of U.P. on 9 November, 2020
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34197 of 2020 Applicant :- Narendra Kumar Gupta @ Tinku Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Kumar Singh Kaushik,Beerendra Singh Pal Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No. 327 of 2019, under section 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Kotwali, District Ballia during pendency of trial.
Learned counsel for the applicant has submitted that the applicant is Devar of the deceased and has no concern whatsoever with day-to-day affairs between his brother and the deceased. In postmortem report, the cause of death has been shown asphyxia due to ante mortem hanging. The deceased has committed suicide herself. The applicant has not harassed or tortured and has not compelled the deceased to commit suicide. At the time of alleged incident, the applicant was living separately from the deceased and her husband. The applicant has no criminal history and is in jail since 25.06.2020.
Per contra, learned A.G.A. has opposed the prayer for bail and argued that the information with regard to the death of the deceased was given by the ward boy to the police station concerned. The deceased died an unnatural death within 7 years of her marriage. The applicant has committed the alleged offence, therefore, he is not entitled to be released on bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it is a fit case for bail.
Let the applicant Narendra Kumar Gupta @ Tinku Gupta be released on bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/ intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
This bail application is accordingly allowed.
Order Date :- 9.11.2020 NA