Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15412 of 2018 Applicant :- Ramesh Ahirwar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahesh Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Mahesh Kumar Tripathi, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Ramesh Ahirwar in Case Crime No.300 of 2017, under Sections 498-A, 304-B I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Samthar, District- Jhansi with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant is the father-in-law of the deceased. The allegation against him is general in nature. The husband of the deceased is already in jail. Co- accused,Smt. Panko alias Panku has been granted bail by another Bench of this Court in Criminal Misc. Bail Application No.9242 of 2018 on 12.3.2018. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 12.10.2017, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Ramesh Ahirwar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 26.4.2018 MN/-