Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14659 of 2018 Applicant :- Ram Newas @ Ram Niwas Opposite Party :- State Of U.P.
Counsel for Applicant :- Prakash Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Supplementary affidavit filed today is taken on record.
Heard Sri P.C. Srivastava, learned counsel for the applicant, Sri H.P. Gupta, counsel for the informant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 116 of 2016, u/s 306 IPC, P.S. Khajani, District Gorakhpur 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; that the marriage of the applicant's son was solemnized with the deceased about 10 years back. Admittedly the husband of the deceased was working at different place. During investigation, statement of the independent witnesses have been recorded in which they have stated that minor skirmishes and bickering used to take place between the deceased and her mother-in-law on account of which she consumed some poisonous substance; that prima facie no offence u/s 306 IPC is made out.
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 Newas @ Ram Niwas 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/