Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15889 of 2018 Applicant :- Noor Alam Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Anand Pati Tiwari, 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. 479 of 2017, u/s 498A, 304B IPC and 3/4 D.P. Act, P.S. Fafund, District Auraiya with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that so far as the applicant is concerned, he is brother-in-law (Dever) of the deceased and the allegation against him are sweeping in nature. It is also contended that he would not have been beneficiary if at all any demand by the husband of the deceased was met by the father of the deceased. His case is distinguishable from the husband of the deceased and other co-accused.
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 Noor Alam 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 :- 30.4.2018 Dhirendra/