Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31154 of 2018 Applicant :- Ram Kishore @ Kishore Opposite Party :- State Of U.P.
Counsel for Applicant :- Sarvesh Kumar Dubey,Virendra Singh Counsel for Opposite Party :- G.A.,Nirbhay Singh
Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the applicant as well as Sri Nirbhay Singh, learned counsel for the complainant and learned A.G.A. for the State and perused the record.
The applicant Ram Kishore @ Kishore seeks bail in Case Crime No. 85 of 2018, under Sections 498- A, 304-B I.P.C. & ¾ D.P. Act, Police Station-Karma, District-Sonbhadra.
It is contended by learned counsel for the applicant that the applicant is father-in-law of the deceased, who has been falsely implicated in the present case along with ten persons. It is next contended that there is is general allegations of demand of dowry against the applicant and there is no specific allegations in the F.I.R. to the complicity in commission of crime against applicant. It is further contended that there is general role against the applicant. It is further contended that co-accused, Rajmati has already been granted bail vide order dated 09.08.2018 passed in Criminal Misc. Bail Application No. 29992 of 2018 respectively by this Court. It is next contended that the applicant and his wife are living separately from the deceased. It is also contended that no ante-mortem injury was found by the doctor in the postmortem report. It is lastly submitted that the applicant is in jail since 15.06.2018 and the applicant has no any criminal antecedents except the present one.
Per contra, learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for grant of bail to the applicant. However, they admitted that co-accused Rajmati has already been granted bail by this Court and accused- applicant has no criminal history.
Seeing the facts of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, I think it is a fit case for bail.
Let the applicant Ram Kishore @ Kishore involved in Case Crime No. 85 of 2018, under Sections 498-A, 304-B I.P.C. & ¾ D.P. Act, Police Station-Karma, District-Sonbhadra, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant shall co-operate in the investigation.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.8.2018 M/A.