Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35736 of 2018 Applicant :- Jagroop Singh Kushwaha Opposite Party :- State Of U.P.
Counsel for Applicant :- Bhuwan Raj,Ashish Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is father-in-law of the deceased. No specific role has been assigned to the applicant. The allegations made in the first information report are general in nature. Co-accused Smt. Manju (mother-in-law) has been admitted to bail by this Court vide order dated 26.07.2018 in Criminal Misc. Bail Application No.27891 of 2018. Copy of the bail order has been annexed as annexure no.7 to the affidavit filed in support of this bail application. The applicant is languishing in jail since 13.04.2018.
Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.
Without expressing any opinion on merits 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 Jagroop Singh Kushwaha involved in Case Crime No.482 of 2018, under Sections 498A, 304B, 315 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Chakeri, District Kanpur Nagar 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 with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 20.9.2018 rkg