Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30026 of 2019 Applicant :- Rajvir Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kakkar 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 has been confined to the extent that the applicant is innocent and has been falsely implicated in this case on account of fact that he is father-in-law of the deceased. No offence, whatsoever, has been committed by the applicant. Under similar circumstances, Smt. Saroj, mother-in-law of the deceased has been admitted to bail by this Court vide order dated 23.7.2019 in Criminal Misc. Bail Application No.29207 of 2019. Copy of bail order has been produced by learned counsel for the applicant, the same is taken on record. In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no previous criminal history and is languishing in jail since 21.5.2019.
Learned A.G.A. has opposed prayer for bail.
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 - Rajvir involved in Case Crime No. 132 of 2019, under Sections - 306, 498-A I.P.C. & Section - 3/4 of Dowry Prohibition Act, Police Station - Mandawar, District - Bijnor 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 :- 26.7.2019 S Rawat