Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35767 of 2018 Applicant :- Basarat Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Bahadur Singh,P.K. Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Sri Mohd. Adil, Advocate has filed memo of appearance on behalf of the informant which is kept on record.
Heard learned counsel for the applicant, learned AGA for the State of U.P as well as learned counsel for the informant and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is father-in-law and is residing separately and in support of his contention, he has filed copy of the electricity bill as appearing on page no.48 of this bail application. There is no specific role assigned to the applicant. The husband of the deceased has taken his wife to her parental home. There is no link to connect the applicant with the offence in question. Co-accused Munni Nesha who is mother- in-law of the deceased has been admitted to bail by this Court vide order dated 17.09.2018 in Criminal Misc. Bail Application No.34884. The applicant languishing in jail since 03.05.2018.
Learned AGA as well as learned counsel for the informant have opposed prayer for bail. However, learned AGA have not disputed the aforesaid facts.
Without expressing any opinion on merits 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 Basarat involved in Case Crime No.74 of 2018, under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Tarkulwa, District Deoria 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 :- 20.9.2018 rkg