Single judge allowed bail to Mahboob, father-in-law of deceased, in a case under Sections 498A, 304B, 328 IPC and Section 3/4 D.P. Act. The court allowed bail due to prima facie case and reasonable apprehension of tampering while not expressing opinion on merits.
Released on personal bond and furnishing two sureties each.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22296 of 2021
Applicant :- Mahboob Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. The applicant is the father-in-law of the deceased and he has not concern with the offnce in question as he is residing separately from the deceased. Th allegations on the face are general in nature. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 12.03.21 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Mahboob- involved in case crime no.159 of 2020, under Sections 498A, 304B, 328 IPC and Section 3/4 D.P. Act, Police StationPaniyara, district Maharajganj 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 :- 10.6.2021 Raj
Digitally signed by Justice Arvind Kumar Mishra Date: 2021.06.14 15:06:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant charged with offences under Sections 498A, 304B, 328 IPC and Section 3/4 D.P. Act.
2 provisions across 2 enactments
Mahboob
Arvind Kumar Mishra
As recorded by the court registry
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