Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6861 of 2015 Applicant :- Ajay Kumar Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Shrawan Dwivedi,Anand Srivastav Counsel for Opposite Party :- Govt. Advocate
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 550 of 2014, under Sections 302, 498A I.P.C., and 3/4 D.P. Act, P.S. Ghatampur, District-Kanpur and is in jail since 7.10.2014, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that initially FIR was lodged by the father of the deceased under Sections 304B and 498A IPC falsely alleging therein that the deceased was set ablaze by the applicant and his other family members after being beaten due to non-fulfillment of the alleged demands for dowry and she had died as a result of the burn injuries so sustained by her. However, during the investigation, it was found that the death had taken place after 7 years of her marriage as a result the charge sheet was submitted under Section 302 and 498A IPC. He next submitted that P. W. 1 (informant) Krishna Kishore, father of the deceased had failed to support the prosecution case during the trial and had been declared hostile, copy of the statement of P. W. 1 Krishna Kishore has brought on record as Annexure S.A.-1 to the bail application. He further submitted that the deceased had died as a result of the injuries sustained by her while cooking food and this fact finds corroboration from the evidence of P. W. 1 Krishna Kishore. The present case is based upon circumstantial evidence which is not conclusive and no one had seen the applicant setting the deceased ablaze. He lastly submitted that the applicant who has no criminal antecedents to his credit and is in jail since 7.10.2014 is entitled to be enlarged on bail during the pendency of the trial.
Per contra learned A.G.A. opposed the prayer for bail, however, he has not been able to dispute the contention of the learned counsel for the applicant that P. W. 1 (informant) Krishna Kishore who has failed to support the prosecution case during the trial and that the deceased is in jail for more than 3 and a half year and his trial has not concluded till date.
Considering the submissions made by learned counsel for the applicant and the facts that the applicant has no criminal antecedents to his credit, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Ajay Kumar Pandey be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 550 of 2014, under Sections 302, 498A I.P.C., and 3/4 D.P. Act, P.S. Ghatampur, District-Kanpur with the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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.
Order Date :- 26.4.2018 SA