KARN BAHADUR Vs. STATE OF U P
LAWS(ALL)-2019-3-18
HIGH COURT OF ALLAHABAD
Decided on March 07,2019

Karn Bahadur Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

Rekha Dikshit, J. - (1.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. Learned counsel for the applicant submits that accused applicant has falsely been implicated in the present case. It is further submitted that the applicant is husband of the deceased. It is also submitted that the first information report was lodged with the delay of ten days without giving any plausible explanation. The deceased committed suicide. She was never subjected to cruelty or harassment. As per postmortem report, the cause of death is asphyxia due to ante mortem hanging. The accused applicant is languishing in jail since 04.12.2017. It is next submitted that the applicant is neither a previous convict nor he has any criminal history. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
(2.) Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
(3.) Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.;


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