HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 38443 of 2019
Applicant :- Mahendra Pratap Singh And Another
Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Singh
Counsel for Opposite Party :- G.A.
Hon’ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants 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 applicants have been confined to the extent that the applicants are innocent and have been falsely implicated in this case. No offence has been committed by the applicants. They happen to be brother-in-law ‘(devar)’ 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. Under similar circumstances, Smt. Suman Lata, (mother-in-law) of the deceased has already been admitted to bail by this Court in Criminal Misc. Bail Application No.35006 of 2019 (SectionSmt. Suman Lata vs. State of U.P.), which has been annexed as Annexure No.11 to the bail application. In case, the applicant is 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 21.08.2019.
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 applicants are entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicants – Mahendra Pratap Singh and Bhanu Pratap Singh involved in Case Crime No. 112 of 2019, under Sections – 498A, 306 SectionI.P.C., Police Station – Hari Parwat, District – Agra 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 :- 24.9.2019/S Rawat