Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11959 of 2021 Applicant :- Ram Bhawan Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant, who is husband of deceased, is innocent and has been falsely implicated in the present case. He has not committed the present offence. Cause of death is ante mortem hanging. Though death of the deceased is within one year of the marriage, yet no prima facie case is made out against the applicant. She was suffering from liver disease. This fact has been admitted by the informant himself in his statement recorded under Section 161 CrPC and due to this reason she perturbed and gone into depression and consequently committed suicide. Neither the applicant made any demand of additional dowry nor deceased was subjected to cruelty and harassment in connection with the said demand. The applicant has no criminal history. He is languishing in jail since 9.6.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 CrPC, medical evidence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application is rejected.
Order Date :- 30.7.2021 safi