Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14671 of 2018 Applicant :- Manjesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Dinesh Kumar Yadav,Atmaram Nadiwal Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Dinesh Kumar Yadav & Sri Atmaram Nadiwal, learned counsels 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.395 of 2017, under Sections 498-A, 304-B IPC and 3/4 of Dowry Prohibition Act, Police Station Ghughuli, District Maharajganj, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that the applicant is the husband of the deceased. It is submitted that the marriage of the applicant was solemnized with the deceased about three and half year back. He has placed reliance of the dying declaration of the deceased which was recorded on 20.12.2017, i.e. on the date of incident itself at 10.10 A.M. in which she has specifically stated that an altercation and fight took place between the deceased, mother-in-law and sister-in-law and thereafter the mother-in-law and her Nanad in furtherance of common intention after pouring kerosene oil on her and set her on fire. She has stated that her husband was outside. It is next contended that there is no allegation of any demand or ill treatment so far as the applicant is concerned. The case of the applicant is distinguishable from that of the mother-in-law, and Devar of the deceased. The applicant is languishing in jail since 21.12.2017.
Learned A.G.A. 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 made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Manjesh, 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 :- 25.4.2018/Hasnain