Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15643 of 2018 Applicant :- Rakesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Sumer Chaudhary,Phool Chandra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 211 of 2016, u/s 498A, 304B IPC and 3/4 D.P. Act, P.S. Lalauli, District Fatehpur with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant is brother-in-law (Jeth) of the deceased and from the prosecution case itself, the deceased died on account of hanging in Goa where she was residing along with her husband; that the applicant is residing in his village in district Fatehpur, therefore, there was no occasion for him to make any demand as he would never have been its beneficiary; that the allegation against him is general and vague and he is languishing in jail since 21.2.2018. It is argued that the case of the applicant is distinguishable from the husband of the deceased.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Rakesh Kumar involved in the aforesaid case crime number be released on bail on his 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 :- 27.4.2018 Dhirendra/