HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 38896 of 2019

Applicant :- Raghuveer Singh

Opposite Party :- State Of U.P.

Counsel for Applicant :- Sanjay Kumar Yadav

Counsel for Opposite Party :- G.A.

Hon’ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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 due to ulterior motive. General and vague allegations have been made against the applicant. There is no motive to commit the offence as alleged in the FIR. Applicant, who is the brother of the father-in-law (chachiya sasur) of the deceased, has no concern with the demand of dowry, as he is living separately. Applicant is an old and sick man. 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 08.07.2019 in the present case.

The learned A.G.A. has vehemently opposed the bail prayer of the applicant.

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- Raghuveer Singh- involved in case crime no.06 of 2014, under Sections 498A, Section304 B IPC and Section 3/4 D.P. Act, Police Station Karhal, district Mainpuri 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 :- 24.9.2019

Raj