Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32702 of 2021 Applicant :- Devendra Kori Opposite Party :- State of U.P.
Counsel for Applicant :- Vikas Tiwari Counsel for Opposite Party :- G.A.,Ran Jeet Singh
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, 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. 59/2021, under Sections 498A, 323, 326-A, 506 IPC and Section 3/4 D.P. Act, police station Tehrauli, District Jhansi with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is husband of injured and he has not committed any offence. It was submitted that the marriage of applicant with victim was solemnized in the year 2014 and they were having two children. It was further submitted that the allegation that applicant and his family members have poured kerosene over the victim/injured and put her on fire, is false and baseless. It was also submitted that the allegations regarding dowry demand and harassment of injured are also false and baseless. Learned counsel has submitted that as per injury report, the injured has sustained only 15 to 20% superficial to deep thermal burn injury. It was submitted that in fact injured has suffered alleged burn injury accidentally as 'Dibri' has fallen over her and that after incident, applicant and his father have taken the injured to the hospital and she was provided treatment. It was submitted that injured has sustained merely 15 to 20% superficial to deep thermal burn injury and thus her allegation that applicant and his family members were involved in putting her in fire appears thoroughly false and baseless. It has further been argued that the applicant is in judicial custody since 24.04.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail and argued that applicant is husband of injured and in her statement, injured has clearly stated that applicant and his family members have poured kerosene over her and put her on fire and that even at the time of admission in hospital, injured has stated that her husband and his family members have put her on fire. Learned A.G.A. has also pointed out that in the site plan of spot no 'Dibri' etc. has been shown at around the spot and thus, the contention raised on behalf of the applicant that injured has sustained burn injuries accidentally appears false and baseless.
After considering submissions of learned counsel for the parties, looking into the seriousness of the allegations, gravity of the offence, severity of punishment and considering all attending facts and circumstances of the case, no case for grant of bail is made out.
Accordingly, the instant bail application filed on behalf of applicant Devendra Kori is rejected.
Order Date :- 17.9.2021 Anand