Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15602 of 2018 Applicant :- Deepak Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Aslam Khan,Dr. Rajesh Kumar Srivastav Counsel for Opposite Party :- G.A.,Irshad Ahmad,Rajesh Mishra
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri I.P. Srivastava, the learned A.G.A. for the State as well as Sri Irshad Ahmad, learned counsel for the informant and perused the record.
The present bail application has been filed by the applicant in case crime No.803 of 2017, under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Loni, District- Ghaziabad with the prayer to enlarge him on bail.
For the purposes of evaluating the prayer for bail, the Court notes that the categorical statement as made in the FIR has been reiterated by the victim in her statement which was recorded in the Hospital. Learned counsel has tried to stress upon the fact that in the statement of the victim recorded at the Hospital, only a suspicion has been raised and an ambiguous statement made of either the applicant or the husband having doused the victim and set her on fire. Learned counsel has further urged that no statements of eye witnesses or a person of the locality have been recorded and the car has also not been recovered. The Court finds itself unimpressed with either of these two submissions since the prosecution rests principally on the statement of the informant as well as the statement of the victim as has been recorded. Bearing in mind the heinous nature of allegations which have been levelled, no cause arises for the Court to enlarge the applicant on bail.
Consequently, the application is rejected.
Order Date :- 27.11.2019 Vivek Kr.