Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34190 of 2019 Applicant :- Pintu Opposite Party :- State of U.P.
Counsel for Applicant :- Rabindra Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused- applicant- Pintu, who is involved in case crime no. 95 of 2019 under Section 498A, 304, 323, 506 I.P.C., Police Station- Shivpur, District- Varanasi.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case being Nandoi of the deceased; that the applicant is living separately and is not the beneficiary even if the demand of dowry is fulfilled; that the investigating officer recorded the statement of the complainant and other witnesses which are itself contradictory and not supporting the prosecution story. Contention is that the case does not fall within the purview of Section 34 I.P.C. It is lastly contended that the accused applicant is languishing in jail since 22.05.2019.
Learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above named applicant involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in investigation or trial and shall not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.12.2019//Fhd.