Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7615 of 2021 Applicant :- Abhishek Kumar Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Shiv Sagar Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Shiv Sagar Singh, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He has been falsely implicated in this case. Incident is said to have taken place on 28.10.2020 whereas F.I.R. was lodged on 29.10.2020. Marriage between the applicant and the deceased was solemnized in the year 2015. Cause of death is ante- mortem burn injuries. Deceased received 75% burn injries. Referring to the entire documents, it is further argued that in this incident, applicant has also sustained 45% burn injuries while trying to save the deceased. Applicant and the deceased both were under treatment. No dying declaration has been recorded in the matter. Entire allegations levelled against the applicant are false. Had the applicant been involved in committing the present offence, he would have not tried to save the life of the deceased. Thus, referring to the entire documents as well as report submitted by the jail authorities, it is further argued that condition of the applicant is quite serious on account of burn injuries received by him. He is not in a position to attend the court and needs special care and has to undergo for plastic surgery. If he is not released on bail, he will not be able to go through plastic surgery to save his life. It is further argued that the applicant is languishing in jail since 21.12.2020 having no criminal history. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, 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 Abhishek Kumar Singh involved in Case Crime No.764 of 2020 under Sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, Police Station Rasoolabad, District - Kanpur Dehat 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 :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 19.8.2021 ss