Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35742 of 2018 Applicant :- Suresh Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is father-in-law (Sasur) of the deceased. Co-accused Sudha (Nanad, sister-in-law) and Smt. Meera Devi (Sas, mother-in-law) have been admitted to bail by this Court vide orders dated 07.09.2018 and 14.09.2018 in Criminal Misc. Bail Application Nos.34070 of 2018 and 34728 of 2018. The applicant has no role to play in commission of the offence and he has been falsely implicated in this case. The applicant is languishing in jail since 04.06.2018.
Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.
Without expressing any opinion on merits 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 Suresh Singh involved in Case Crime No.190 of 2018, under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kurra, District Mainpuri 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 with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 20.9.2018 rkg