Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53830 of 2019 Applicant :- Harnarain Opposite Party :- State of U.P.
Counsel for Applicant :- Ambreesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is neither named in the first information report nor charge sheet was submitted against him. The applicant has been summoned to face trial on the basis of an application moved under section 319 Cr.P.C. The applicant has no concern with the alleged incident. At the time of alleged incident the applicant was living separate from the deceased and her husband. The F.I.R. was lodged against the husband of the deceased. The charge sheet was also submitted against the husband of the deceased Ram Teerath. The applicant has not committed the alleged offence. There is no direct evidence against the applicant. The applicant is in jail since 16.11.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Harnarain involved in Case Crime No. 134 of 2019, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Bidhuna District Auraiya be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 16.12.2019 Gss