Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30562 of 2019 Applicant :- Radhey Shyam Rajbhar Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar 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 is that the applicant is innocent and has been falsely implicated in the present case. The applicant is the father-in-law of the deceased aged about 59 years old. General and vague allegations have been made against the applicant. No offence has been committed by the applicant. The fact is that the husband of the deceased was a seasoned drunker, due to which the deceased was fed up and she herself committed suicide. No specific role has been assigned to the applicant. Similarly placed co-accused Smt. Sukhiya Devi, who is the mother-in-law of the deceased, has been admitted to bail by this court in criminal misc. bail application no. 29675 of 2019 on24.7.2019. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 13.4.2019.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
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 Radhey Shyam Rajbhar involved in Case Crime No. 59 of 2019, under Sections 323, 304-B, I.P.C. 3/4 of D.P. Act Police Station Nonhara 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 :- 30.7.2019 N.A.