Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35036 of 2019 Applicant :- Heera Lal Alias Shyamveer Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Narayan Singh,Pankaj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Arvind Kumar Mishra-I,J. Case called out repeatedly.
Sri Hriday Raj Tripathi, and Sri Gaurav Sharma, Advocates, have filed Vakalatnama on behalf of the complainant/informant, which is taken on record.
It has been informed that the Bar Association of Allahabad High Court has given a call for strike today, therefore the learned counsels are not appearing in Court. However, Sri Om Narain Tripathi, learned A.G.A. Ist assisted by Sri Sanjay Kumar Rajbher, learned A.G.A., Sri Bhanu Prakash Singh, learned brief holder for the State have submitted that this bail may be considered and disposed of on merit.
I have heard the learned A.G.A.s/brief holder for the State and perused the record.
Upon perusal of the grounds of bail, as averred in the accompanying affidavit appended to this bail application, it transpires that the applicant is innocent and has been falsely implicated in this case. The general and vague allegations have been made against the applicant. The applicant is the father-in- law of the deceased. No specific role has been assigned to him. He is living separately from the husband of the deceased. There is no independent witness of the incident and the witnesses are the pocket witnesses of the first informant. Neither the applicant committed any cruelty to her daughter in law nor has he demanded any dowry or pressurized to sell out the plot at all. The applicant has no criminal history. He is languishing in jail since 21.6.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Sri Hriday Raj Tripathi, Sri Gaurav Sharma, Advocates, learned counsel appearing for the complainant/informant and the learned A.G.A. have vehemently opposed the prayer for bail.
Considered the grounds urged in support of the bail application and also considered the submissions made by learned A.G.A./brief holder for the State, grounds urged are made out 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 - Heera Lal alias Shyamveer Singh involved in Case Crime No. 107 of 2019, under Sections - 498-A, 304-B I.P.C. and Section - 3/4 of Dowry Prohibition Act, Police Station - Saifai, District - Etawah 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 :- 28.8.2019 N.A.