Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42701 of 2019 Applicant :- Shivnath Bind Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Kapoor Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Applicant- Shivanand Bind seeks bail in Case Crime No. 206 of 2019 under Sections 306 IPC , Police Station Mirza Murad, District Varanasi.
Heard learned counsel for the applicant and learned AGA for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated only being father-in-law of the deceased on the general allegation; that the deceased committed suicide after 12 years of her marriage; that there is no evidence that applicant has tortured or harassed the deceased; more over no specific role is assigned to the applicant and as such, there is no evidence of abetment against the applicant; co-accused Manni Devi ( mother-in-law) has already been granted bail by coordinate Bench of this Court vide Criminal Misc. Bail Application No.50706 of 2019 by order dated 20.11.2019. Besides above submissions, the circumstances which according to learned counsel for the applicant led to the false implication of the accused-applicant has also been tried to be touched upon at length; It has been further submitted that applicant is in jail since 28.06.2019 and in case, indulgence is granted, he will not misuse the liberty.
Bail has been opposed by learned AGA on behalf of the State.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Without expressing any opinion on the merits of the case, let the above mentioned applicant involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.12.2019 Shahid