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Ravindra vs State Of U.P. on 13 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 35765 of 2019

Applicant :- Ravindra

Opposite Party :- State Of U.P.

Counsel for Applicant :- Sanjeev Kumar Khare

Counsel for Opposite Party :- G.A.

Hon’ble Arvind Kumar Mishra-I,J.

Sri Dinesh Kumar, Advocate has filed memo of appearance on behalf of the complainant, which is taken on record.

Heard learned counsel for the applicant, Sri Dinesh Kumar, learned counsel for the complainant, 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. No offence has been committed by the applicant. General and vague allegations have been made against the applicant. Neither he ever made any demand of additional dowry nor the deceased was subjected to cruelty or harassment by him. Under similar circumstances, Smt. Malti (mother-in-law) of the deceased has already been admitted to bail by this Court in Criminal Misc. Bail Application No.34706 of 2019 (SectionSmt. Malti vs. State of U.P.), copy whereof has been produced by the learned counsel for the applicant, the same is taken on record. 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 20.7.2019.

Sri Dinesh Kumar, learned counsel for the complainant and learned A.G.A. have vehemently opposed 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 – Ravindra involved in Case Crime No. 101 of 2018, under Sections – 498A, 304B, 506 SectionI.P.C. 3/4 D.P. Act, Police Station – Charkhari, District – Mahoba 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.

Order Date :- 13.9.2019

S Rawat

 

 

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