HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 35228 of 2019
Applicant :- Keral Pandey @ Ram Kewal
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Bipin Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon’ble Arvind Kumar Mishra-I,J.
Case called out repeatedly.
It has been informed that the High Court Bar Association 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 Jitendra Kumar, Sri Arun Kumar Tiwari, Sri Mahesh Kumar Dwivedi and Sanjay Kumar Rajbher, learned A.G.A.s, Sri Ajay Kumar Singh, Sri Bhanu Prakash Singh, Sri Rajeev Kumar Rai, Sri Pankaj Kumar Sinha and Sri Subosh Kumar Dwivedi, learned brief holders for the State have submitted that this bail may be considered and disposed of on merit.
I have heard the learned A.G.A.s/brief holders 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 applicant is innocent and has been falsely implicated in this case. The dying declaration (Annexure No.3) appearing on page no.29-30 of the affidavit filed in support of this bail application indicates that the deceased had herself stated to the Nahib Tehsildar concerned, who recorded the dying declaration that she while cooking food was accidentally burnt due to explosion of stove which was being used by her at the time of the occurrence; and her in-laws and husband has nothing to do with this explosion. 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 26.07.2019.
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.s/brief holders 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 applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant – Keral Pandey @ Ram Kewal involved in Case No.1455 of 2014, Case Crime No.177 of 2013, under Sections – 498A, 304B SectionI.P.C. 3/4 D.P. Act, Police Station – Farenda, District – Maharajganj 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 :- 28.8.2019