Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15058 of 2019 Applicant :- Ram Sharan Opposite Party :- State of U.P.
Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is the father-in-law of the deceased, he is innocent and has been falsely implicated in the present case.It is next submitted that the FIR is delayed by six days but no plausible explanation of the delay has been given by the prosecution and also submitted that at the time of inquest report, family member of husband as well as the family member of the deceased were present. Information regarding death of the deceased is given by the husband of the deceased in police station. He further submitted that the allegations levelled against him are general in nature and there is no demand of any dowry, harassment or cruelty. He also submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, applicant has no previous criminal history and he is in jail since 17.8.2018.
Learned A.G.A. opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant-Ram Sharan involved in Case Crime No. 50 of 2018, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, Police Station Kamasin, District Banda, be released on bail on 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 :- 26.11.2019 Ankita