Bablu @ Manoj vs State Of U.P.
2019 Latest Caselaw 4525 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19021 of 2019
 

 
Applicant :- Bablu @ Manoj
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Dinesh Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that applicant is Devar of the deceased. The marriage of the deceased Meera Devi was solemnized with Pyare Lal about 18 years ago from the date of alleged occurrence. There are two children from the wedlock of deceased and her husband. The deceased and her husband were living separate from the applicant and other family members of the applicant. The applicant has no concern with the alleged incident. He has falsely been implicated in the present case. There is general allegation against the applicant. No specific role has been assigned to him. There is no direct evidence against the applicant. The case of the applicant is distinguishable from the case of husband of the deceased. The co-accused Lallan and Mudhuna Devi @ Sharda Devi, father-in-law and mother-in-law of the deceased have already been released on bail by another bench of this court vide order dated 15.3.2019 in Criminal Misc. Bail Application No. 11391 of 2019, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 15.12.2018.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Bablu @ Manoj involved in Case Crime No. 561 of 2018, under section 302, 201 IPC, P.S. Phoolpur, District Varanasi be released on bail on his furnishing a personal bond with 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. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall 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 :- 14.5.2019

Masarrat