Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34904 of 2019 Applicant :- Ashok Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Arvind Kumar Mishra-I,J. Case called out repeatedly.
It has been informed that the Bar Association of Allahabad High Court has given a call for strike today, therefore the learned counsels are not appearing in Court. However, Sri Om Narain Tripathi, learned A.G.A. Ist assisted by Sri Sanjay Kumar Rajbher, learned A.G.A., Sri Bhanu Prakash Singh, learned brief holder for the State have submitted that this bail may be considered and disposed of on merit.
I have heard the learned A.G.A.s/brief holder for the State and perused the record.
Upon perusal of the grounds of bail, as averred in the accompanying affidavit appended to this bail application, it transpires that the applicant is innocent and has been falsely implicated in this case. The applicant is the father-in-law of the deceased. The general and vague allegation have been made against him. Upon perusal of the post mortem examination report, it shows that except ligature mark, no anti mortem injury was found on the body of the deceased. There are material contradictions in the version of the first information report and the post mortem examination report. The applicant is languishing in jail since 21.03.2019. He is having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer for bail.
Considered the grounds urged in support of the bail application and also considered the submissions made by learned A.G.A./brief holder for the State, grounds urged are made out for bail.
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 - Ashok Kumar involved in Case Crime No. 101 of 2019 (S.T. No.240 of 2019), under Sections - 498-A, 304-B I.P.C. and Section - 3/4 D.P. Act, Police Station - Jasrana, District - Firozabad 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 :- 28.8.2019 N.A.