Hon'ble Court, without expressing an opinion on the merits, allowed a second bail application, finding that a prima facie case for bail was made out based on the nature of the death.
Release on bail via personal bond and two sureties to the satisfaction of the court.
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Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8505 of 2018
Applicant :- Harish Chandra Verma Opposite Party :- State Of U.P. Counsel for Applicant :- Shambhavi Nandan Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned AGA for the State.
Applicant has moved the present second bail application seeking bail in Case Crime No. 300 of 2016 u/s 302, 201 IPC PS Chaubeypur District Varanasi. The first bail application was rejected by this Court vide order dated 24.5.2017.
Contention of the learned counsel for the applicant is that subsequent to rejection of the first bail application the first informant has been examined as PW-1 and he in his statement has stated that "meri putri ko dama wa heart ka shuru se hi pareshani thi". Contention is that the wife has died her unnatural death and there is no such role as has been attributed to the applicant. Contention is that the deceased has three children who are at present living with the family members of the applicant. Contention is that applicant is in jail since 5.8.2016 and in case he is released on bail, he will not misuse the said liberty.
Learned AGA has opposed the bail application of the applicant.
In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Harish Chandra Verma involved in the aforesaid case crime number 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 :- 17.4.2019
SP
Harish Chandra Verma
State Of U.P.
Vipin Sinha
As recorded by the court registry
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