HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 28750 of 2019
Applicant :- Ramnarayan
Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Tripathi, Syed Imran Ibrahim
Counsel for Opposite Party :- G.A., R B Pal, K.M.Mishra
Hon’ble Arvind Kumar Mishra-I,J.
Learned counsel for the informant has filed counter affidavit, the same is taken on record.
Heard learned counsel for the applicant, Sri K.M. Mishra, learned senior counsel for the informant, learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant is that he has been falsely implicated in this case being father-in-law ‘(sasur)’ of the deceased. General and vague allegations have been made against the applicant. The fact is that the applicant was away on duty on the specific date on which the incident occurred. Therefore, there was no point in causing any hanging to the victim. Rest of the allegations are denied. The mother-in-law of the deceased and the wife of the applicant- Munni Devi @ Raj Kumari has already been admitted to bail by co-ordinate bench of this court in Criminal Misc. Bail Application No. 23690 of 2019 (Munni Devi @ Raj Kumari). Copy whereof has been annexed as Annexure no.13 to the affidavit filed in support of the bail application. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 01.07.2019.
Learned A.G.A. has vehemently opposed the prayer for bail, however he has not disputed grant of bail and fact that the applicant does not have any criminal antecedent.
Sri K.M. Mishra, learned senior counsel for the informant has also opposed the 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 applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant – Ramnarayan involved in Case Crime No. 076 of 2019, under Sections – 498A, 304B SectionI.P.C. and 3/4 D.P. Act, Police Station – Friends Colony, District – Etawah 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 subject to the condition with the following conditions;
(i) The applicant will cooperate with the proceeding before the trial court.
(ii)The applicant will appear before the trial court on the date fixed before the trial court.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 20.9.2019