Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34456 of 2019 Applicant :- Shyam Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Pati 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.
Urge made on behalf of the applicant is confined to the ambit that the applicant is father-in-law of the deceased. The husband of the deceased used to work at Delhi and was engaged in weaving and knitting work at Delhi. The deceased was insisting to accompany her husband to Delhi which was refused by her husband himself. The present applicant being old person needed help of someone which the deceased tried to avoid. Subsequently, she out of grudge and depression hanged herself to death. The cause of death is due to hanging. 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 15.04.2019.
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 Shyam Singh involved in Case Crime No.93 of 2019, under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Bela, District Auraiya 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 :- 26.8.2019 rkg