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Balveer vs State Of U.P. on 15 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 42043 of 2019

Applicant :- Balveer

Opposite Party :- State Of U.P.

Counsel for Applicant :- Jadu Nandan Yadav,Arimardan Yadav

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 is that the applicant is innocent and has been falsely implicated in the present case. The applicant is the father-in-law ‘(sasur)’ of the deceased aged about 66 years old. No offence has been committed by the applicant. General and vague allegations have been made against the applicant. No specific role has been attributed to the applicant. Neither he ever made any demand of additional dowry nor the deceased was subjected to cruelty or harassment by him. 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 17.05.2019.

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 – Balveer involved in Case Crime No. 93 of 2019, under Sections – 498A, 304B SectionI.P.C. and Section – 3/4 SectionDowry Prohibition Act, Police Station – Thathiya, District – Kannauj 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 :- 15.10.2019

S Rawat

 

 

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