Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41925 of 2018 Applicant :- Paras Nath Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Kumar Mishra,Santosh Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Paras Nath Tiwari seeking bail in Case Crime No. 316 of 2018, under Sections 307, 323, 504, 506, 427 I.P.C, P.S.
Kotwali, District Ghazipur.
Learned counsel for the applicant has submitted that the applicant is father-in-law of the victim Rakhi Tiwari and on account of matrimonial discord the present FIR has been lodged. Learned counsel for the applicant has further submitted that as per the prosecution case, injuries found on the person of the victim are not dangerous to life. Learned counsel for the applicant has next submitted that the applicant is aged about 65 years and is in jail since 06.08.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, learned counsel for the applicant has submitted that victim's husband is still in jail.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that the applicant is father- in-law of the victim and is aged about 65 years and that the injuries found on the person of the victim are not dangerous to life.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Paras Nath Tiwari be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 31.10.2018 Arun Gangwar