Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33774 of 2019 Applicant :- Ram Suresh Opposite Party :- State Of U.P.
Counsel for Applicant :- Harshit Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant is that he has been falsely implicated in this case being father-in-law '(sasur)' of the deceased. No offence has been committed by the applicant. General and vague allegations have been made against the applicant. Neither he ever made any demand of additional dowry nor the deceased was subjected to cruelty or harassment by him. The fact is that the applicant was working in some factory in Calcutta and the attendance sheet of his office has also been placed on record, which vindicates absence of applicant on the spot. No specific role has been attributed to the applicant. Applicant being employed had no motive to demand any dowry whatsoever. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 26.5.2019.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Ram Suresh involved in Case Crime No. 73 of 2019, under Sections - 498 A, 304 B, 506 I.P.C. and Section - 3/4 D.P. Act, Police Station - Lalganj, District - Basti be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 21.8.2019 S Rawat