Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35790 of 2018 Applicant :- Kunnu Tyagi Opposite Party :- State Of U.P.
Counsel for Applicant :- Sandeep Kumar Rai,Shyam Narain Rai 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 being husband of the deceased has been falsely implicated in this case, whereas, truth is revealed in the dying declaration of the deceased when she has exonerated the husband of all charges and she has not levelled allegations against her husband. The main allegations were levelled against family members of the applicant. No doubt, the applicant is the husband but he has not played any role in commission of the crime which is very much reflected from perusal of the dying declaration wherein clean chit has been given by the deceased to the applicant. The applicant is languishing in jail since 26.07.2018.
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 Kunnu Tyagi involved in Case Crime No.506 of 2017, under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kharkhauda, District Meerut 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