Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33081 of 2019 Applicant :- Hari Mohan @ Alla Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Sharma,Ajay Kumar Sharma Counsel for Opposite Party :- G.A.,Shashi Dhar Pandey,Somdev Dixit
Hon'ble Raj Beer Singh,J.
Heard learned counsel 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. 145 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Basai Mohammadpur, District Firozabad with the prayer to enlarge the applicant on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It was submitted that deceased has sustained burn injury accidently while preparing food. It was also submitted that in fact, deceased was pressurizing applicant to live separately but applicant was not ready for the same. Learned counsel argued that only general allegations have been made against all the accused persons and that entire family members of applicant have been roped in. Learned counsel further submitted that co- accused Ramesh, who is father-in-law of deceased, has already been granted bail by coordinate Bench vide order dated 24.07.2019 in Criminal Misc. Bail Application No. 7135 of 2019. It was stated that the Court has made discussion of all facts in the said bail order of co-accused and that role of the applicant is also of similar nature. It was submitted that applicant is in judicial custody since 11.12.2018 and in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. and learned counsel for the complainant have opposed the prayer for bail and argued that applicant is husband of deceased and she has suffered death by burn injuries within eight months of her marriage at her matrimonial house and there are allegations against the applicant and his family members that they have harassed deceased for dowry and she was put on fire.
Considering the submissions of learned counsel for parties, gravity of offence, nature of accusations and all attending facts and circumstances of case, this Court is not inclined to grant bail to the applicant. Hence, the bail application of Hari Mohan @ Alla is hereby rejected.
Order Date :- 17.12.2019 T.S.