Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7081 of 2018 Applicant :- Ajay Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Gautam,Pradeep Kumar Bhardwaj Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Anil Kumar Shukla, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant and learned counsel for the complainant as well as learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Dinesh Kumar (husband), Omwati (mother-in-law), Ajay Kumar(Jeth), Rakesh Kumar (Jeth) and Usha Devi(Nanad) alleging that marriage of Deepti was solemnized on 5.6.2015 but later on they used to torture her for demand of dowry and on 13.10.2017 at 9 A.M. they assaulted her. She received injuries not dangerous to life.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case; general role was assigned to this accused; he is languishing in jail since 11.1.2018(more than one month) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. Co-accused namely Smt. Usha Devi has been granted bail by this Court on 20.2.2018 vide Criminal Misc. Bail Application No. 5811 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
Learned counsel for the complainant as well as learned A.G.A. though opposed the prayer for bail but admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, 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 applicant Ajay Kumar involved in Case Crime No.1228 of 2017, under Section 498-A, 323, 324, 506, 307 IPC and 3/4 D.P. Act, Police Station Sadabad, District Hathras be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 23.2.2018 A. Singh