Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20317 of 2018 Applicant :- Harpal Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Shekhar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed for enlarging the applicant on bail in Case Crime No.210 of 2018, u/s 498-A, 323, 304-B and 3/4 Dowry Prohibition Act, P.S. Jewar, District Gautam Budh Nagar.
It is contended by learned counsel for the applicant that applicant has been falsely implicated on general allegations, only because he is father- in-law of the deceased; that the applicant has neither made any specific demand for dowry from the deceased nor has he done any cruelty upon the deceased; that prior to the lodging of the First Information Report, the applicant did not have any previous criminal history, and in case he is released on bail, he will not misuse or abuse the liberty given to him. It is lastly contended that there is no likelihood of the trial being concluded in the near future. The applicant is in jail since 28.2.2018.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail.
The bail application stands allowed.
Let the applicant-Harpal involved in aforesaid case crime be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.5.2018 Shalini