Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submitted that in the present case on 11.9.2009 four weeks' time was allowed for filing counter affidavit to learned AGA. Thereafter the case was taken up on 25.2.2010. Till that date no counter affidavit was filed and on that date two weeks' further time was allowed failing which the Senior Superintendent of Police was directed to appear in person. However, from the State neither counter affidavit was filed nor Senior Superintendent of Police appeared. The prayer of learned AGA was accepted and last chance was given on 23.3.2010 for filing counter affidavit. However, till date no counter affidavit has been filed. Learned AGA informs that even the file has not been sent to this Court.
Learned counsel for the applicant submitted that the applicant is friend of the husband. In the present case he was not concerned either with the demand of dowry or torture. Apart from that the First Information Report has been filed on the false and concocted story in defence. Earlier the marriage of Moni was solemnised along with Sonu, the elder brother of Monu, son of Vijendra. However, he was not satisfied with the behaviour and character of Moni, the daughter of Ravindra Singh. Subsequently the matter was settled in between the parties and Monu agreed to marry with Moni, hence there was no question of demand of dowry. However, it was found that there was no change in her behaviour and she continued his physical relation with other person regarding which objection was raised by her husband Monu. On the date of alleged incident, the applicant who is friend of Monu was also sitting at his resident. Ravindra Singh with other co-accused came and assaulted the applicant as well as other persons who were present regarding which the First Information Report was lodged on 15.5.2009, after medical report. Subsequently it appears that in defence on the basis of fabricated injury report, the First Information Report was lodged from the other side and even the applicant was also implicated. In the First Information Report general role was assigned. However, in the statement of the alleged injured Ravindra Singh the role of firing was assigned to the applicant. The applicant is in jail since 18.5.2009. Considering the aforesaid fact, without expressing any opinion on merit, let the applicant Jitendra Dhaka, be enlarged on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No.954 of 2009 under section 498A, 307 I.P.C. and ¾ Dowry Prohibition Act (State of U.P. vs. Monu and others) PS. Loni, Ghaziabad.
Order Date :- 2.4.2010 Rk