Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5034 of 2018 Applicant :- Ishwar Chand Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Singh,Anjali Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present second bail application seeking bail in Case Crime No.91 of 2016 u/s 498A, 304B, 201 IPC and 3/4 DP Act PS Raunapar District Azamgarh. The first bail application of the applicant was rejected vide order of this Court dated 21.2.2017.
I have perused the prosecution story as set up in the F.I.R. and also the first bail rejection order.
Learned counsel for the applicant submitted that subsequent to the rejection of the first bail rejection of the applicant, the first informant Ram Lakhan who is the brother has been examined in ST NO.524 of 2016 and he has been declared hostile. Similarly, father of the deceased has been examined as PW-2 and he too has been declared hostile.
Learned AGA has opposed the bail application of the applicant.
In view of the subsequent development, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Ishwar Chand involved in the aforesaid case crime number 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 :- 30.3.2018 SP