SANTOSH RASTOGI Vs. STATE OF U P

JUDGEMENT

(1.) COUNTER affidavit filed today is taken on record. Heard the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.641 of 2008, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Krishna Nagar, District Lucknow. It is submitted on behalf of the applicant that he happens to be an unfortunate brother-in-law (Nandoi) who lives in another district i.e. Rampur. His wife (Nanand) was also falsely implicated in this case, who has already been enlarged on bail. There are only general allegations against him, it is said. He is said to be in jail from 17.03.2009. It is claimed that 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 parity, I find it to be a fit case for granting bail. Let the applicant (Santosh Rastogi) 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.