Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7827 of 2017 Applicant :- Rinku Verma Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned AGA for the State.
Applicant has moved the present third bail application seeking bail in Case Crime No. 133 of 2013 u/s 498A/304B IPC and 3/4 DP Act PS Harwansh Mohal district Kanpur Nagar. The first and second bail applications were rejected by this Court vide orders dated 6.12.2015 and 12.5.2016.
Contention of the learned counsel for the applicant is that applicant is in jail since 4.9.2013. The wife had committed suicide in her Maika which is apparent from the dying declaration itself, copy of which has been annexed at page 22. Further contention is that the doctor has been examined as PW-1, whose statement has been annexed with supplementary affidavit in which he has clearly stated that condition of the deceased was not such that she could have given any dying declaration.
Learned AGA has opposed the bail application of the applicant.
In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Rinku Verma involved in the aforesaid case crime number be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 28.3.2018 SP