This court allowed bail to Kripa Ram Tiwari, alleging false implication in a murder case where only the deceased's elderly son was a witness, noting separate residence and lack of criminal antecedents.
Released on bail on personal bond and two heavy sureties with conditions to not tamper with evidence, intimidate witnesses, and appear at trial.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30391 of 2022
Applicant :- Kripa Ram Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Raghav Dwivedi Counsel for Opposite Party :- G.A.,Dharm Singh Parmar
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant and learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
It is submitted that in this case applicant has been falsely implicated for causing murder of the deceased who was wedded wife of his son and marriage of the deceased was performed 11 years prior to the alleged incident. Further submitted that applicant has been roped as being father-in-law of the deceased. Further submitted that as per the statement of the son aged about 10 years of the deceased, this applicant was at the tubewell when incident took place and only his father and mother were present at home. Further submitted that applicant alongwith his wife was living separately from the family of the deceased and her husband in support of which a copy of family register has been filed showing separate living of the applicant with his wife and son Dhirendra. There is no any other evidence on record to show that this applicant committed murder of the deceased. There is no criminal antecedent against the applicant and he is in jail since 26.05.2022, therefore, requested for bail. In case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail and urged that in this case main allegation of causing murder of the deceased by strangulation has been made against this applicant and the husband of the deceased, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the statement of Kukku who is son of the deceased and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Kripa Ram Tiwari involved in Case Crime
No.76 of 2022, under Sections 498-A, 302 I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station Bewar, District Hamirpur, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 9.9.2022
Ashok Gupta
Digitally signed by ASHOK KUMAR GUPTA Date: 2022.09.12 17:42:58 IST Reason: Location: High Court of Judicature at Allahabad
Kripa Ram Tiwari
State of U.P.
Subhash Chandra Sharma
Ashok Gupta
As recorded by the court registry
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