Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40783 of 2019 Applicant :- Rajpal Opposite Party :- State Of U.P.
Counsel for Applicant :- A.C.Srivastava,Samir Srivastava 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.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case due to ulterior motive. General and vague allegations have been made against the applicant. There is no motive to commit the offence as alleged in the FIR. Applicant, who is the father-in-law of the deceased, has no concern with the demand of dowry. Applicant is an old man. No specific role has been attributed to the applicant. Under the similar circumstances co- accused Shyamwati @ Rakesh (mother-in-law) has been admitted to bail by this Court on 16.8.2019 in Criminal Miscellaneous Bail Application No.33063 of 2019, copy whereof has been annexed as Annexure No.7 to the affidavit filed in support of this bail application. 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 06.06.2019 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- Rajpal involved in case crime no.56 of 2019, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Balauni, district Baghpat 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