Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39227 of 2019 Applicant :- Dinesh Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Zia Naz Zaidi Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Ms. Zia Naz Zaidi, learned counsel for the applicant, Sri G. P. Singh, learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is husband of the complainant as marriage between them was solemnized in the year 2015 and it is alleged that mediation between the parties have also failed. He further submitted that the injuries which have been sustained by the victim wife, copy of which has been annexed as Annexure-3 (at page-26) of the affidavit filed in support of the anticipatory bail application, appears to be superficial in nature.The present FIR has been lodged against the applicant just to malign his image in the society. The applicant has no other reported criminal antecedent.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail and submitted the victim has sustained injuries on her person which are incised wound and ligature mark was also found and it is a case of simple fracture.
Taking into account the nature of allegation levelled against the applicant and injuries sustained by the victim, without expressing any opinion on the merits of the case and considering the submission advanced, the nature and gravity of the accusation, I find no good ground for grant of bail to the applicant-Dinesh Kumar involved in Case Crime No.1228 of 2017, under Sections 498A, 323, 307, 506 I.P.C. and 3/4 D.P.Act, Police Station Sadabad, District Hathras.
Accordingly, the anticipatory bail application is rejected.
However, the applicant is at liberty to move bail application u/s 439 Cr.P.C., if so advised.
Order Date :- 26.9.2019/NS