Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15248 of 2019 Applicant :- Rajkumar Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Shekhar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is the father-in-law of the deceased, he is innocent and has been falsely implicated in the present case. He further submitted that the allegations levelled against him are general in nature and there is no demand of any dowry, harassment or cruelty. It is next submitted that the co-accused who is mother in law has already been released on bail by the another Bench of this Court vide order dated 31.7.2019 passed in Crl. Misc. Bail Application No. 8541 of 2019. He also submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, applicant has no previous criminal history and he is in jail since 29.11.2018.
Learned A.G.A. opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant-Rajkumar involved in Case Crime No. 798 of 2018, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, Police Station Devband, District Saharanpur, 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;
(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 :- 26.11.2019 Ankita