Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39194 of 2019 Applicant :- Samir Kumar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Anoop Kumar,Subhash Chandra Tiwari 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 brother-in-law '(jeth)' 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 applicant is living separately from the deceased and her husband. 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 30.07.2019.
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 - Samir Kumar Singh involved in Case Crime No. 0302 of 2018, under Sections - 498-A, 304-B, 323, 506 I.P.C. and Section 3/4 D.P. Act, Police Station - Mubarakpur, District - Azamgarh 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 :- 25.9.2019 S Rawat