Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35774 of 2018 Applicant :- Krishna Nandan Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Wajid Ali,Santosh Kumar Singh 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 and has been falsely implicated in this case. The dying declaration of the deceased does not indicate in clear cut terms even remotely that the applicant has committed crime as alleged against him. No specific role has been assigned in the dying declaration of the deceased. The applicant has no concern with the offence in question. The case of dowry demand has not been stated in the dying declaration. The applicant is languishing in jail since 01.06.2018.
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 Krishna Nandan Gupta involved in Case Crime No.542 of 2018, under Sections 498A, 323, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Baradari, District Bareilly, 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 :- 20.9.2018 rkg