Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8573 of 2019 Applicant :- Govind Das Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Singh Patel,Brij Gopal Yadav,Rajendra Kumar Yadav 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 he has been falsely implicated in this case being father-in-law '(sasur)' of the deceased. No offence has been committed by the applicant. General and vague allegations have been made against the applicant. Neither he ever made any demand of additional dowry nor the deceased was subjected to cruelty or harassment by him. Under similar circumstances, Smt. Parvati (mother-in-law) of the deceased has already been admitted to bail by a coordinate Bench of this Court vide order dated 16.05.2019 in Criminal Misc. Bail Application No.20573 of 2019 (Smt Parvati vs. State of U.P.). Copy of bail order has been produced by learned counsel for the applicant, the same is taken on record. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 11.10.2018.
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 - Govind Das involved in Case Crime No. 278 of 2018, under Sections - 498A, 304B I.P.C. and 3/4 of Dowry Prohibition Act, Police Station - Mauranipur, District - Jhansi 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 :- 22.8.2019 S Rawat