Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8348 of 2021 Applicant :- Ravi Shanakar Ojha Opposite Party :- State of U.P.
Counsel for Applicant :- Anupam Tripathi,Ambuj Pandey,Ram Prakash Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard Sri Ram Prakash Pandey, learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 299 of 2020 under Sections 498A, 304B, 323 IPC and 3/4 Dowry Prohibition Act, police station Puranpur, District Pilibhit with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. Learned counsel for the applicant has referred statement of first informant, who is father of the victim, and submitted that it was a love marriage between the applicant and deceased and thus allegations of dowry demand and harassment are false. It was stated that deceased was a short tempered lady and she committed suicide due to some minor dispute. The statement of first wife of applicant and other witnesses were also referred and it was submitted that only fault of applicant is that he has married with deceased without divorcing his first wife. As per postmortem report, cause of death has been shown antemortem hanging and except ligature mark, no other injury has been shown on the body of deceased. It was submitted that applicant is languishing in jail since 28.05.2020 having no criminal history and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and argued that applicant is husband of deceased and there are allegations that deceased was being harassed by applicant on account of dowry demand. It has also been submitted that applicant was already married with a lady and he was having a son from his first wife but despite that he had married with deceased without divorcing his first wife.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that no case for bail is made out.
Accordingly, the bail application is hereby rejected.
Order Date :- 17.12.2021 Deepak