Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33419 of 2017 Applicant :- Ajay Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by The Ho'ble The Chief Justice vide order dated 29.01.2019.
supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, Ms. Reema Gupta (B.H.) learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 03.04.2017 against five accused persons, namely, Ajay, Tillu, Baliram, Poonam and Kavita alleging therein that the marriage of the daughter of the complainant (Indu Devi) was performed with the applicant on 17.6.2015. However, after more than one and a half years, for non-fulfilment of additional demand of dowry, they killed deceased by strangulating her on 29.3.2017. During investigation, it was found that there was love marriage between the deceased (wife) and applicant, which was solemnized in Temple and till March, 2017 the deceased never went to her matrimonial house. Later on, F.I.R. was lodged which was registered as Case Crime no. 96 of 2017,under Section 498A, 304B I.P.C. and Section 3/4 D.P. Act, which was converted into Section 306 I.P.C. only.
Learned counsel for the applicant submitted that applicant is languishing in jail since 24.4.2017 (about on year and eight months) having no criminal history; the applicant is innocent and has been falsely implicated in the present case; there is no case of demand of dowry; it is a case of suicide. The 'Nanad' of the deceased went with some other persons in which the deceased (Indu Devi) helped them. The aforesaid fact came in the knowledge of applicant hence he raised a complaint against his wife and due to bad act of the applicant, she committed suicide; nothing has been done by the applicant about his wife; there was love marriage between the applicant and deceased and in that way he is languishing in jail since long time; there is no legal evidence against the applicant to kill his wife; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the applicant further submitted that there is no possibility to get this decided in near future.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that 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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Ajay involved in Case Crime No. 96 of 2017, under Section 306 IPC, Police Station-Gambheerpur, District- Azamgarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.1.2019 OP