Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30323 of 2019 Applicant :- Mahboob Opposite Party :- State Of U.P. Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard Sri Vikrant Gupta, learned counsel for the applicant, Sri Keshari Nath Tripathi, learned counsel for the complainant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Urge made on behalf of the applicant is confined to the ambit that the applicant is innocent and has been falsely implicated in this case. The general and vague allegations have been made against the accused including the present applicant who happens to be father-in-law of the deceased. He has no role to play in the commission of the offence as he was residing in separate portion of the house. The case of the present applicant is very much distinguishable from the husband of the deceased. Smt. Shakina, mother-in-law of the deceased has already been admitted to bail by a coordinate Bench of this Court vide order dated 10.05.2019 in Criminal Misc. Bail Application No.19806 of 2019. In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 25.06.2019.
Sri Keshari Nath Tripathi, learned counsel for the complainant and learned A.G.A. have vehemently opposed prayer for bail.
Without entering into merit 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 Mehboob involved in Case Crime No.0071 of 2019, under Sections 304B, 498A I.P.C. and 3/4 Dowry Prohibition Act, Police Station Bhot, District Rampur 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 cooperate with the proceeding before the trial court.
(ii) The applicant will appear before the trial court on the date fixed before the trial court.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.7.2019 rkg