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Ajay Kumar Sharma vs State Of U P

High Court Of Judicature at Allahabad|20 December, 2021
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JUDGMENT / ORDER

Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35008 of 2021 Applicant :- Ajay Kumar Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Beerendra Pratap Singh,Indra Kumar Singh Counsel for Opposite Party :- G.A.,Ram Kumar
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Ajay Kumar Sharma, in Case Crime No. 5 of 2021, under Sections- 498-A, 304-B, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Vijay Nagar, District-Ghaziabad.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 09.08.2021; he is father in law of the deceased; general accusation is there; the applicant is a public servant and was on duty on the date of occurrence, certificate is there, no injury other than ante mortem injury of ligature of ante mortem hanging is there over the person of the deceased in autopsy examination report; it was a suicide by the deceased herself; marriage was five years old; in between there was no complaint of any demand of dowry or cruelty with regard to it; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case of release on bail; hence bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed bail with this contention that the applicant is a Army personnel; he used to extent threat and there is an injury over left eyebrow in inquest proceeding; death by suicide is within five years of marriage.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Ajay Kumar Sharma, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 20.12.2021 Deepak/
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Title

Ajay Kumar Sharma vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
20 December, 2021
Judges
  • Ram Krishna Gautam
Advocates
  • Beerendra Pratap Singh Indra Kumar Singh