Rishikesh vs State Of U.P.
2019 Latest Caselaw 5595 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20630 of 2017
 

 
Applicant :- Rishikesh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- A.T. Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sudhir Agarwal,J.

1. Heard Sri A. T. Pandey, learned counsel for applicant and learned A.G.A. for State.

2. The present bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No.369 of 2016, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Kothibhar, District-Maharajganj.

3. Learned counsel for applicant contended that applicant is husband of deceased but he was not present at the place of incident at the time of incident. He is innocent and he has been falsely implicated. It is further submitted that Informant Priyanka Devi herself in her statement before Trial Court had not supported the FIR version and there is no eye witness of the alleged incident, implicating the accused-applicant. Applicant has no criminal history. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is in jail since 15.12.2016 and trial is still going on. In case, he is enlarged on bail, he will not misuse liberty of bail.

4. Learned A.G.A. has opposed the prayer for bail.

5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.

6. The application is allowed.

7. Let applicant, Rishikesh, involved in Case Crime No.369 of 2016, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Kothibhar, District-Maharajganj be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:

(i) The applicant will not temper with the evidence during trial.

(ii) The applicant will not pressurize/intimidate the prosecution witness.

(iii) The applicant will appear before Trial Court on the date fixed.

(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.

8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.

Order Date :- 8.7.2019

Manish Himwan