SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Ranvir Singh vs State Of U.P. And Another on 22 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 12755 of 2019

Applicant :- Ranvir Singh

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Akshat Sinha,Satya Dheer Singh Jadaun

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

Hon’ble Arvind Kumar Mishra-I,J.

Heard Sri S.D. Singh Jadaun, learned counsel for the applicant, Sri Sukesh Kumar, learned counsel for the complainant as well as learned A.G.A. for the State of U.P and perused the material available on record.

Contention raised on behalf of the applicant has been confined to the extent that no offence, whatsoever, has been committed by the applicant. The applicant is not directly in control of the situation, whereas, the applicant happens to be Chachiya Sasur of the deceased. The evidence emerging against the applicant is to the ambit that one of the witnesses saw the deceased being assaulted by Devar and husband of the deceased and not by the present applicant who is stated to have taken the deceased to the hospital. This process by itself is indicative of non-involvement of the applicant in causing any assault or committing offence as alleged against him and is very much distinguishable from the act of the other co-accused who are Devar and husband of the deceased. The applicant does not bear any criminal history and is languishing in jail since 05.02.2019.

Per contra, learned counsel for the complainant has contended that the accused are acting in collusion with each other and one isolated act would not exonerate the liability as per the allegations made in the first information report.

Learned A.G.A. has adopted the contention raised by learned counsel for the complainant.

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 Ranvir Singh involved in Case Crime No.0432 of 2017, under Sections 498A, Section304B I.P.C. and 3/4 SectionDowry Prohibition Act, Police Station Ikdil, 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.

It is made clear that the case of the present applicant is distinguishable from Dever and husband of the deceased.

Order Date :- 22.10.2019

rkg

 

 

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation