Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40767 of 2019 Applicant :- Ajay Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Ms. Kanchan Singh, Advocate has filed memo of appearance on behalf of the complainant, which is taken on record.
Heard learned counsel for the applicant, Ms. Kanchan Singh, learned counsel for the complainant, learned A.G.A. for the State of U.P and perused the material available on record.
Claim has been made to the fact that there was no occasion for the applicant to have ever indulged in commission of offence and the applicant could not have been beneficiary of the outcome of dowry demand as such. General and vague allegations have been made against the applicant. The entire allegations, if explained, then it should be supported by cogent and concrete evidence and not by statement of one of the co-accused, who happens to be brother-in-law '(jeth)' of the deceased. His case is very much distinguishable from that of the husband of the deceased and he has not been attributed any specific role as stated by the co-accused (husband of the deceased). In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no previous criminal history and is languishing in jail since 17.05.2019.
Ms. Kanchan Singh, learned counsel for the complainant has vehemently opposed the prayer for bail and has submitted that all the family members conjointly committed the offence and the applicant also played specific role in commission of offence.
Learned A.G.A. has also opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Ajay Singh involved in Case Crime No.
99 of 2019, under Sections - 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station - Musajhag, District - Budaun 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.
Order Date :- 30.9.2019 S Rawat