Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29947 of 2019 Applicant :- Nagina Rajbhar Opposite Party :- State Of U.P.
Counsel for Applicant :- Kashi Nath Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. 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 innocent and has been falsely implicated in this case on account of fact that he is father-in-law of the deceased. No offence, whatsoever, has been committed by the applicant. Under similar circumstances, Vidhyawati Devi, mother-in-law of the deceased has been admitted to bail by this Court vide order dated 19.7.2019 in Criminal Misc. Bail Application No.28709 of 2019. Copy of bail order has been produced by learned counsel for the applicant, the same is taken on record. 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 8.5.2019.
Learned A.G.A. has 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 - Nagina Rajbhar involved in Case Crime No. 44 of 2019, under Sections - 498A, 304B I.P.C. & under Section - 3/4 Dowry Prohibition Act, Police Station - Birno, District - Ghazipur 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 :- 26.7.2019 S Rawat