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Rama Shankar Vishwakarma @ … vs State Of U.P. on 14 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 2036 of 2020

Applicant :- Rama Shankar Vishwakarma @ Chekhur

Opposite Party :- State of U.P.

Counsel for Applicant :- Dhirendra Kumar Srivastava

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

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

Learned counsel for the applicant submits that the applicant is father-in-law of the deceased. The applicant has falsely been implicated in the present case. Real fact is that the deceased was having some mental problem for which she was under mental treatment at Mental Hospital Varanasi. The deceased left her in-laws house on 26.6.2016 and in this regard a missing report was also lodged by the husband of the deceased namely, Satish on the same day i.e. 26.6.2016 at concerned police station. At that time the father of the deceased was also present, thereafter, the FIR of the alleged incident has been lodged on the basis of an application moved under section 156 (3) Cr.P.C. against five persons including the applicant making general allegation. At the time of the alleged incident the applicant was living separate from the deceased and her husband. There was no dispute of demand of dowry. The applicant has neither harassed or tortured to the deceased nor he has made any additional demand of dowry. The applicant is not a beneficiary of alleged demand of dowry. The applicant has no concern with the alleged incident. The applicant has falsely been implicated in the present case due to being father of the husband of the deceased. The applicant has not committed the alleged offence. There is no criminal history of the applicant and is in jail since 27.12.2018.

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

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

Let the applicant Rama Shankar Vishwakarma @ Chekhur involved in Case Crime No. 51 of 2018, under Sections 498A, 304B, 201 IPC and 3/4 D.P. Act, P.S. Sakaldiha, District Chandauli be released on bail on his furnishing a personal bond and 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 evidences.

2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.

3. The applicant will 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 :- 14.1.2020/A.

 

 

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