Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15498 of 2018 Applicant :- Shakil Opposite Party :- State Of U.P.
Counsel for Applicant :- Vikash Chandra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Vikash Chandra Tiwari, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.656 of 2017, under Section 304-B IPC, Police Station G.R.P., District Ghaziabad, with the prayer to release him on bail.
It has been contended by learned counsel for the applicant that the applicant is the brother of Jethani of the deceased and he has been falsely implicated by the first informant for extraneous reason. It is contended that the applicant is not a family member of husband of the deceased and prima-facie offence under Section 304-B IPC would not be made out against him. It is further submitted that the case of the applicant is distinguishable from the other accused who are close relatives to the husband of the deceased. Lastly, it is submitted that the applicant is in custody since 16.10.2017.
Learned A.G.A. 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 made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Shakil, 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 Hasnain