Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15877 of 2018 Applicant :- Ajeet Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard 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. 641 of 2017, u/s 498-A, 304-B, 323, 506 IPC and 3/4 D.P. Act, P.S.
Loni, District Ghaziabad with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant is the husband of the deceased and has been falsely implicated. According to the prosecution case, the marriage was solemnized in the year 2009 and three children were also born from the wedlock. It has been argued that infact the deceased died on natural death, this information was also sent to the first informant and he along with other family members had participated in the cremation. As per the F.I.R., it is stated that information was also sent to concerned outpost and some police personnel also arrived at the place of incident, however, they did not take any action against the accused; that the F.I.R. was lodged after great delay through an application u/s 156(3) Cr.P.C. The applicant is in jail since 27.9.2017.
Learned A.G.A. has opposed the prayer for bail and stated that the applicant is main accused. However he could not dispute that the marriage of the applicant with the deceased was taken place almost seven years back and the F.I.R. came into existence quite belatedly.
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 Ajeet 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 :- 30.4.2018 Dhirendra/