Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11828 of 2021 Applicant :- Dinesh Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant, who is husband of deceased, is innocent and has been falsely implicated in the present case. He has not committed the present offence. No prima facie case is made out against the applicant. Deceased committed suicide herself. Marriage of the applicant and deceased took place in the year 2020. Present incident is said to have taken place on 28.8.2020. No specific role regarding demand of dowry, causing cruelty and harassment was mentioned in the F.I.R.. What sort of demand was made has also not been cleared. Referring to medical evidence it is also submitted that offence under Section 304-B IPC is not attracted. The applicant has no criminal history. He is languishing in jail since 3.9.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 CrPC, medical evidence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application is rejected.
Order Date :- 30.7.2021 safi