Ram Naresh vs State Of Up
2016 Latest Caselaw 934 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 2285 of 2016
 

 
Applicant :- Ram Naresh
 
Opposite Party :- State Of Up
 
Counsel for Applicant :- Ran Vijay Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
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 devar of the deceased. There was no dispute of demand of dowry. The applicant has not harassed and tortured to the deceased. There is general allegation against the applicant. No specific role has been assigned to him. There is no eye witness of the alleged incident. The applicant has no concern with the alleged incident. At the time of the alleged incident the applicant was living separate from the deceased and her husband. The applicant has falsely been implicated in the present case. The co-accused Sripal, Ramesh  and Sundara Devi (father-in-law, devar and mother-in-law) of the deceased have already been granted bail by this Court vide orders dated 17.12.2015 and 09.02.2016 respectively, therefore, the applicant is also entitled for bail. There is no criminal history of the applicant and he is in jail since 06.02.2016.

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

Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

Let the applicant Ram Naresh involved in Case Crime No.277 of 2015, Under Sections 498-A, 304-B I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station Maurawan, District Unnao, 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 evidence.

2. The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate 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 :- 18.3.2016

Jitendra