Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33769 of 2019 Applicant :- Chotey Lal Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant 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 the applicant is the father-in-law '(sasur)' of the deceased. He is an old man aged about 70 years. The applicant is innocent and has been falsely implicated in this case. General and vague allegations have been made against the applicant. He has no concern with the so called demand of dowry and he is not the beneficiary of the same. He has not committed the present offence and he was living separately. The case of the applicant is very much distinguishable from that of the husband of the deceased. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 22.5.2019.
Learned A.G.A. has opposed prayer 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 - Chotey Lal Yadav involved in Case Crime No. 65 of 2019, under Sections - 498-A, 304-B I.P.C. & 3/4 D.P. Act, Police Station - Badausa, District - Banda 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 S Rawat