HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 28747 of 2019
Applicant :- Jasveer
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Singh
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 he has been falsely implicated in this case being father-in-law (sasur) of the deceased. He has not committed the present offence. General and vague allegations have been made against the applicant. No specific role has been attributed to the applicant. No specific allegations have been made regarding the involvement of the applicant either in raising the demand of dowry or in perpetrating cruelty on the victim/deceased. Under similar circumstances, Smt. Beena, mother-in-law of the deceased has already been admitted to bail by co-ordinate Bench of this Court, vide order dated 27.5.2019 in Criminal Misc. Bail Application No.21962 of 2019. 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 16.5.2019.
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 – Jasveer involved in Case Crime No. 137 of 2019, under Sections – 304B, 498A SectionI.P.C. and 3/4 SectionDowry Prohibition Act, Police Station – Mawana, District – Meerut 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 subject to following conditions:-
1. The applicant will not tamper with the evidence during the trial.
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 19.7.2019