Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11488 of 2019 Applicant :- Jay Singh Opposite Party :- State Of U.P. Counsel for Applicant :- M J Akhtar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Jay Singh in Case Crime No. 06 of 2017 (S.T. No.371 of 2017), under Sections 498-A, 304-B, 302/34 I.P.C. and 3/4 of D.P. Act, Police Station- Khadda, District- Kushinagar with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case by the first informant. The allegations of demand of dowry after about six and half years of marriage is unbelievable. In the F.I.R., it is stated that the deceased has been done to death by administering poison by the applicant and other family members. It is further argued that in the post-mortem report, there is no antemortem injury and as the cause of death could not be ascertained her viscera was preserved. Learned A.G.A. has filed viscera report in which aluminium phosphide has been detected. It is argued that since no sign of any struggle has been found on the person of the deceased, apparently it is a case of suicide. He further submits that during trial statements of first informant- PW-1 Ramvriksha, father of the deceased and PW-2, Smt. Mardulla, mother of the deceased were recorded and both of them have stated that, in fact, the deceased was suffering from ailments and due to mistake she consumed a insecticide. They have been declared hostile by the prosecution. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 10.1.2017, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Jay Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 31.7.2019 Vikas