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Rakesh Kumar vs State Of U.P. on 20 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 50670 of 2019

Applicant :- Rakesh Kumar

Opposite Party :- State of U.P.

Counsel for Applicant :- Vikas Srivastava,Dan Bahadur

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

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

Learned counsel for the applicant submits that applicant is Jeth of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. There is general allegation against the applicant. No specific role has been assigned to him. The deceased died due to burn injuries. There is no dying declaration of the deceased. At the time of alleged incident the applicant was living separate from the deceased and her husband. The case of the applicant is distinguishable from the case of husband of the deceased. The applicant has no criminal history and is in jail since 27.8.2019.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Rakesh Kumar involved in Case Crime No. 119 of 2019, under Sectionsection 323, Section504, Section506, Section498A, Section304B IPC and Section 3/4 D.P. Act, P.S. Gyanpur, District Bhadohi be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 20.11.2019

Masarrat

 

 

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