HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 30296 of 2019
Applicant :- Bajrangi Seth
Opposite Party :- State Of U.P.
Counsel for Applicant :- Shri Prakash Dwivedi
Counsel for Opposite Party :- G.A.,Chandra Shekhar Pandey
Hon’ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicant has filed supplementary affidavit, the same is taken on record.
Heard learned counsel for the applicant, Sri Chandra Shekhar Pandey, learned counsel for the informant, learned A.G.A. for the State of U.P. and perused material available on record.
Contention raised on behalf of the applicant is that the applicant is the father-in-law ‘(sasur)’ of the deceased. He is an old man aged about 79 years. The applicant is innocent and has been falsely implicated in the present case. General and vague allegations have been made against the applicant. The case of the applicant is based on separate living and there was no occasion or motive for the applicant to indulge in any such crime. 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 29.3.2019.
Sri Chandra Shekhar Pandey, learned counsel for the informant and learned A.G.A. have vehemently opposed the 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 – Bajrangi Seth involved in Case Crime No. 46 of 2019, under Sections – 498A, 304B SectionI.P.C. and 3/4 SectionDowry Prohibition Act, Police Station – Adalhat, District – Mirzapur 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 :- 26.9.2019