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Rajnesh vs State Of U.P. on 17 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 34

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 13812 of 2017

Applicant :- Rajnesh

Opposite Party :- State Of U.P.

Counsel for Applicant :- Shivam Yadav,Shikha Singh

Counsel for Opposite Party :- G.A.,Narendra Kumar

Hon’ble Sudhir Agarwal,J.

1. Heard Smt. Shikha Singh, Advocate, for applicant, Learned A.G.A. for State and Sri Narendra Kumar, Advocate, appearing for complainant.

2. The present bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No. 47 of 2016, under Sections 498A, Section304B, Section302 I.P.C. and 3/4 SectionDowry Prohibition Act, Police Station Kurra, District Mainpuri.

3. It is contended that false report was lodged against the applicant and in the Trial PW-1 in cross examination has not supported F.I.R. version and has clearly said that his daughter has committed suicide and same statement has been given by PW-2 and PW-3 also. Learned counsel appearing for complainant could not dispute this fact. It is further stated that applicant has no criminal history and he has been falsely implicated in the present case. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not to seek any unnecessary adjournment during trial. The applicant is in jail since 11.04.2016 and in case he is enlarged on bail, he will not misuse liberty of bail.

4. Learned A.G.A. has opposed the prayer for bail.

5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.

6. The application is allowed.

7. Let applicant, Rajnesh, involved in Case Crime No. 47 of 2016, under Sections 498A, Section304B, Section302 I.P.C. and 3/4 SectionDowry Prohibition Act, Police Station Kurra, District Mainpuri be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:

(i) The applicant will not temper with the evidence during trial.

(ii) The applicant will not pressurize/intimidate the prosecution witness.

(iii) The applicant will appear before Trial Court on the date fixed.

(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.

8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.

Order Date :- 17.9.2019

PS

 

 

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