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Sudarshan vs State Of U.P. on 1 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 45665 of 2019

Applicant :- Sudarshan

Opposite Party :- State of U.P.

Counsel for Applicant :- Udai Shankar Chauhan

Counsel for Opposite Party :- G.A.

Hon’ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the applicant 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 is that he has been falsely implicated in this case being brother-in-law ‘(devar)’ of the deceased. No offence has been committed by the applicant. Neither he ever made any demand for additional dowry nor the deceased was subjected to cruelty or harassment by him. It so happened that the deceased herself was in love with another person and the marriage was performed against her wishes, due to which the deceased committed suicide. Similarly circumstance another co-accused, Vinod Chauhan ‘(jeth)’ of the deceased has already been admitted to bail by this Court vide order dated 22.10.2019 in Criminal Misc. Bail Application No.44138 of 2019 (SectionVinod Chauhan 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 24.07.2019.

Learned A.G.A. has 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 – Sudarshan involved in Case Crime No. 174 of 2019, under Sections – 498A, 304B SectionI.P.C. and 3/4 SectionDowry Prohibition Act, Police Station – Kopaganj, District – Mau 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 :- 1.11.2019/S Rawat

 

 

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