Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40786 of 2019 Applicant :- Rajneesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Lal Vijai Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
It is a peculiar case where the deceased having some illicit relationship with his own Jija (brother-in-law) committed suicide regarding that aspect a compliant/application castigating the real facts have been made before the concerned criminal court, wherein, summons have been issued to the person concerned and the informant in order to evade that particular aspect of the case and to misguide the course of law has lodged false first information report. Applicant being the jeth has no specific role in the offence nor any such role has been assigned to him. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 20.8.2019 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Rajneesh Kumar involved in case crime no.80 of 2019, under Sections 498A, 304B IPC and 3/4 D.P. Act, Police Station Ajeetmal, district Auraiya 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 :- 30.9.2019 Raj