Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29790 of 2019 Applicant :- Hariwa 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, Sri Pusp Raj Singh, learned counsel for the informant, learned A.G.A. for the State and perused the record of this bail application.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence as he is living separately from the deceased. General and vague allegations have been made against the applicant. Further added that the applicant, who is dever of the deceased, has no concern with the demand of dowry. 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 25.05.2019 in the present case.
Learned counsel for the informant and learned A.G.A. for the State have vehemently opposed the bail prayer of the applicant.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Hariwa Yadav- involved in case crime no.65 of 2019, under Sections 498-A, 304-B IPC and and 3/4 of the 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 :- 25.7.2019 Raj