Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35759 of 2018 Applicant :- Tej Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Narayan Singh(Kushwaha) 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 brother-in-law (Jeth) of the deceased. The final report was submitted by the police against the applicant. However, the applicant's name has been deliberately dragged in by the prosecution whereupon he has been summoned under Section 319 Cr.P.C. Co-accused Neeraj Devi (Jethani) has been admitted to bail by this Court vide order dated 17.09.2018 in Criminal Misc. Bail Application No.34319 of 2018. The applicant is languishing in jail since 02.08.2018.
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 Tej Singh involved in Case Crime No.356 of 2015, S.T. No.18 of 2016, under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Sahawar, District Kasganj 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