HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 36794 of 2019
Applicant :- Chhotu
Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Chauhan
Counsel for Opposite Party :- G.A.
Hon’ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
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 dever 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 2.7.2019 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
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- Chhotu- involved in case crime no.41 of 2019, under Sections 498A, Section304B 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