Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14369 of 2018 Applicant :- Jairam Rajbhar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mithilesh Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Mithilesh Kumar Gupta, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 09 of 2018, u/s 498A, 304B, 120B IPC and 3/4 D.P. Act, P.S.
Nonahara, District Ghazipur with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant is father-in-law of the deceased and he was living separately with his elder son in Nagpur; that the applicant on receiving information about the death of his daughter-in-law on 24.1.2018 he travelled by train from Nagpur to Ghazipur city, copy of the train ticket has been annexed along with affidavit. Besides it, supplementary affidavit has also been filed annexing therewith proof of his elder son residing in Nagpur and other documents in this behalf. It is argued that the case of the applicant is distinguishable from the husband of the deceased.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Jairam Rajbhar involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ 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 :- 26.4.2018 Dhirendra/