Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39985 of 2017 Applicant :- Arvind Kumar Opposite Party :- State Of Uttar Pradesh Counsel for Applicant :- Shweta Srivastava,Alok Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Ms. Shweta Srivastava & Sri Alok Kumar Srivastava learned counsels for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.270 of 2017, under Sections 498-A, 326, 304B IPC and 3/4 of Dowry Prohibition Act, Police Station Jalalpur, District Jaunpur, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that the applicant is husband of the deceased and is wholly innocent. The allegation of demand of dowry is totally false and concocted. He has referred to the dying declaration of the deceased recorded by Judicial Magistrate when the deceased was admitted in Sunder Lal Hospital, B.H.U., she has stated that she has no complaint against him and she got burn of her own. It is argued that no allegation whatsoever has been levelled against the husband or any other family members. Lastly, it is submitted that the applicant is languishing in jail since 10.5.2017.
Per contra, learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the statement of the deceased made by her in the dying declaration.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Arvind Kumar, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 25.4.2018 Hasnain