Bindra Rathore vs State of U.P.

Alok K. Singh, J.

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

The applicant is involved in Case Crime No.962 of 2008, under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kotwali Sitapur, District Sitapur.

It is submitted that there are general allegations against the applicant who happens to be fatherinlaw. The motherinlaw having similar allegation against her and of same age group has already been enlarged on bail by this Court vide (Annexure5). It is said that he has put in behind the bars about a month more than his wife (motherinlaw) and he is also an old person of 65 years. There is no criminal history against him.

The bail is, however, opposed by learned A.G.A.

The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.

In view of the aforesaid facts and circumstances and without entering into the merits of the case and particularly having regard to the ground of partial parity, I find it to be a fit case for granting bail. Let the applicant (Bindra Rathore) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.