HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 36987 of 2019
Applicant :- Chhotaku @ Do Alam
Opposite Party :- State Of U.P.
Counsel for Applicant :- R P Rajan
Counsel for Opposite Party :- G.A.
Hon’ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Ashish Kumar Mishra and Sri Shashi Bhushan Mishra, learned counsels for the informant, learned A.G.A. for the State and perused the record of this bail application.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. There is no motive to commit the offence as alleged in the FIR. Further added that the applicant, who is jeth of the deceased, has no concern with the demand of dowry. The allegations on the face are general in nature. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 10.7.2019 in the present case.
The learned A.G.A. and learned counsel for the informant have vehemently opposed the bail prayer of the applicant.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Chhotaku @ Do Alam- involved in case crime no.0005 of 2019, under Sections 498A, Section304B, Section506 IPC and 3/4 of the D.P. Act, Police Station Mirzamurad, district Varanasi 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 :- 18.9.2019