Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50681 of 2017 Applicant :- Rakesh Opposite Party :- State Of U.P. Counsel for Applicant :- A.T. Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri A. T. Pandey, learned counsel for applicant and learned A.G.A. for State.
2. The present bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No.302 of 2017, under Sections-498-A, 304-B IPC and Section ¾ D. P. Act, Police Station-Nichlaul, District- Maharajganj.
3. Learned counsel for applicant contended that applicant is husband of deceased. He is innocent and he has been falsely implicated. It is contended that deceased suspected that applicant was having love affair with another lady and due to dispute arising out of such suspicion she herself committed suicide. Applicant has on criminal history. He is in jail since 06.06.2017. There are no chances of applicant fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. In case, he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has vehemently opposed the bail application.
5. Applicant is husband of deceased. Marriage of applicant with deceased was solemnized on 19.04.2016 and within 14 months thereof, incident has taken place wherein applicant's wife died of burn injuries. Post Mortem Examination Report fortifies cause of death due to ante mortem burn injuries. Incident has taken place at the residence of applicant and Informant is father of deceased. FIR has not been lodged by applicant or his family members and Informant has stated that deceased has been killed due to non satisfaction of dowry demand by applicant and his family members.
6. Considering the submissions of both sides and looking into entire facts and circumstances as well as gravity of offence, I do not find it a fit case for grant of bail.
7. Application is, accordingly, dismissed.
Order Date :- 30.9.2019 Manish Himwan