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Afzal vs State Of U.P. on 13 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 35838 of 2019

Applicant :- Afzal

Opposite Party :- State Of U.P.

Counsel for Applicant :- Vikrant Gupta,Rajesh Kumar Gupta

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.

Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. General and vague allegations have been made against the applicant. No specific role has been attributed to the applicant. He happens to be brother-in-law ‘(devar)’ and merely on account of his relationship with the husband of the deceased, he has been roped-in in this case. There is no motive to commit the offence. He has no concern with the so called demand of dowry and he is not the beneficiary of the same. The applicant never raised any demand for dowry. 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 03.08.2019.

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 – Afzal involved in Case Crime No. 57 of 2019, under Sections – 498A, 304B SectionI.P.C. and Section – 3/4 of D.P. Act, Police Station – Utraon, District – Prayagraj 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 :- 13.9.2019

S Rawat

 

 

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