Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35096 of 2019 Applicant :- Ajay Pratap Alias Hardaul Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Jaysingh Yadav Counsel for Opposite Party :- G.A.
Hon'ble B. Amit Sthalekar,J.
Heard learned counsel for the applicant and learned AGA for the State as well as perused the documents on record.
This instant bail application has been filed on behalf of the applicant Jaysingh Yadav with a prayer to release him on bail in Case Crime No. 657 of 2018 under Sections 304-B, 498A IPC and Section 3/4 D.P. Act, Police Station Kotwali, District Lalitpur during the pendency of trial.
The submission of learned counsel for the applicant is that the FIR was lodged by the father of the deceased against the applicant and six other family members. The applicant is the husband of the deceased. The allegation is that the deceased was subjected to cruelty and harassment in her matrimonial house due to non-fulfilment of dowry demand of Rs. five lacs and on account of this, she was tortured till her death. As per FIR, the marriage of the daughter of the informant was solemnized with the applicant in a 'Samuhik Vivah Sammelan' and chances of dowry demand is very weak. It is further submitted that general role has been attributed to all the accused persons. There is no injury over the body of the deceased except the ligature mark. There is no evidence of any abetment on the part of the applicant to commit suicide. It is further submitted that the informant and other witnesses have not supported the FIR version in their statement under Section 164 Cr.P.C. The applicant in jail since 19.06.2018, and all the other co-accused persons have been granted bail by this Court.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. The applicant is husband of the deceased who has committed suicide in suspicious circumstances in her matrimonial house.
Having considered the rival submissions of learned counsel for the parties, facts and circumstances of the case and the fact that the applicant is husband of the deceased and the deceased has died in her matrimonial house in a suspicious circumstances, in my opinion, the applicant is not entitled for grant of bail. The bail application is accordingly, rejected.
Order Date :- 27.11.2019 Kirti