HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 32449 of 2019
Applicant :- Daroga Yadav And Another
Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon’ble Arvind Kumar Mishra-I,J.
Case called out repeatedly.
It has been informed that the Bar Association of Allahabad High Court has given a call for strike today, therefore the learned counsels are not appearing in Court. However, Sri Om Narain Tripathi, learned A.G.A. Ist assisted by Sri Bhanu Prakash Singh, learned brief holder for the State have submitted that this bail may be considered and disposed of on merit.
I have heard the learned A.G.A./brief holder for the State and perused the record.
Upon perusal of the grounds of bail, as averred in the accompanying affidavit appended to this bail application, it transpires that the applicants are innocent and have been falsely implicated in this case. General and vague allegations have been made against the applicants. No offence has been committed by the applicants. They happen to be ‘chachiya sasur’ and merely on account of their relationship with the husband of the deceased, they have been deliberately roped-in in this case. Neither they raised any demand of dowry at any point of time nor was deceased subjected to cruelty or harassment by them. In case, the applicants are admitted to bail, there is no possibility of their absconding or misusing the liberty of bail. The applicants have no criminal history and are languishing in jail since 15.6.2019.
Learned A.G.A. has vehemently opposed the prayer for bail.
Considered the grounds urged in support of the bail application and also considered the submissions made by learned A.G.A./brief holder for the State, grounds urged are made out 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 applicants are entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicants – Daroga Yadav and Butan Yadav involved in Case Crime No. 22 of 2019, under Sections – 498A, 304B, 201 SectionI.P.C. 3/4 D.P. Act, Police Station – Dokati, District – Ballia be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 14.8.2019
S Rawat
