Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51137 of 2019 Applicant :- Ajay Opposite Party :- State of U.P.
Counsel for Applicant :- Bijay Singh Sachan Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is jeth of the deceased. The F.I.R. of the alleged incident has been lodged against 7 persons including the applicant. It has further been submitted that there is general allegation against the applicant, no specific role has been assigned to the applicant. Dying declaration of the deceased has also been recorded in which she has not made any allegation against the applicant and other co-accused. Dying declaration of the deceased shows that the deceased sustained accidental burn injuries. There is no eye witness of the alleged occurrence. There is no any evidence on record to show that the deceased had given dying declaration under any pressure. The applicant is not beneficiary of the alleged demand of dowry. The co-accused Ram Kishor (father- in-law of the deceased) Smt. Pooja (nanad of the deceased) Kishan ( Devar of the deceased) and Smt. Sona Devi ( mother- in-law of the deceased) have already been released on bail by another bench of this court vide orders dated 31.7.2018, 8.8.2017, 27.4.2018 and 3.10.2018 in Cr. Misc. Bail Application Nos. 28473 of 2018, 26295 of 2017, 15596 of 2018 and 37683 of 2018 respectively,therefore, applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 9.3.2017.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Ajay involved in Case Crime No. 44 of 2017, under Section 498-A, 304-B, 323, 504, 506 IPC and 3/4 D.P.Act, Police Station Najirabad District Kanpur Nagar 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 17.12.2019 Gss