Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15007 of 2018 Applicant :- Viresh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Narain,Vipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Jai Narain, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 171 of 2017, u/s 498A, 304B IPC and 3/4 D.P. Act, P.S. Sikandarpur Vaishya, District Kasganj with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant is dever of the deceased. There is no specific allegation of demand of dowry or torture. It is stated that the co-accused Sukh Devi (mother-in-law) and Amresh (Jeth) have been granted bail by coordinate Bench of this Court in Bail Application no. 42377 of 2017 and 42784 of 2017 vide orders dated 2.11.2017 and 6.11.2017, therefore the applicant is also entitled for bail.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Viresh Kumar involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ 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 :- 24.4.2018 Dhirendra/