Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33952 of 2019 Applicant :- Akshay Agrawal @ Shanu Opposite Party :- State Of U.P. Counsel for Applicant :- Veer Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Amit Kumar Chaudhary, learned counsel for the complainant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant is that general and vague allegations have been made against the applicant. He has no motive to commit the offence. The husband of the deceased has already been admitted to bail by another coordinate bench of this Court in Criminal Misc. Bail Application No.27327 of 2018 on 11.8.2018, which has been annexed as Annexure-4 to this application. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail.
Sri Amit Kumar Chaudhary, learned counsel for the complainant and the earned A.G.A. have opposed prayer for bail. However, they have not denied the grant of bail to the brother of the applicant, who is the husband of the deceased.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Akshay Agrawal @ Shanu involved in Case Crime No. 79 of 2018, under Sections 304-B, 498-A I.P.C. and section 3/4 of D.P. Act, Police Station Dhampur, District Bijnor be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 21.8.2019 N.A.