Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15515 of 2018 Applicant :- Ram Asre Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Bahadur Shivhare 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. 810 of 2017, u/s 498A, 304B, 316 IPC and 3/4 D.P. Act, P.S. Rath, District Hamirpur with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant is father-in-law of the deceased, he has been falsely nominated by the first informant. Infact on account of some differences and discord between the husband the deceased committed suicide on 9.12.2017. An information about the death of the deceased was given by the village Chaukidar on which the inquest was conducted on 10.12.2017 at 10.00 am; that the applicant is also witness of the inquest and his name shown at serial no. 4; that the first informant was also witness of the inquest he made no complaints to the police about any torture or demand; that the F.I.R. was lodged on 13.12.2017 at 12.48 pm.
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 Ram Asre 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 :- 26.4.2018 Dhirendra/