Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37699 of 2018 Applicant :- Ajay Singh Opposite Party :- State of U.P.
Counsel for Applicant :- S.P.S. Chauhan,Smt. Meenakshi Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri S.P.S. Chauhan, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 1026 of 2017, u/s 498A, 304-B IPC and 3/4 D.P. Act, P.S. Kotwali, District Lalitpur with the prayer for enlarging him on bail.
This is the second bail application. The first bail was rejected by this Court vide order dated 2.4.2018. It is submitted by learned counsel for the applicant that prima facie there is no evidence of any demand of dowry prior to death of the deceased, who died on unnatural death and in this behalf he has referred to the statement of the first informant PW-1- Roop Singh, PW-2 Smt. Sudha, elder sister of the deceased and PW-3 Smt. Sushila, mother of the deceased, who had stated that wife of the applicant died on account of several ailments and no dowry was ever made by them. It has been contended that all family members have not supported the prosecution case, therefore, initially ingredients u/s 304-B IPC soon before death which was subjected to cruelty of demand of dowry is not discernible at this stage and lastly the applicant is in jail since 28.5.2017.
Learned A.G.A. has opposed the prayer for bail and submitted that the deceased died within seven months of the marriage and her dead body was hurriedly disposed of. However, he could not dispute that first informant, his wife and daughter has not supported the prosecution version.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Ajay Singh involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 18.12.2019 Dhirendra/