Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32413 of 2019 Applicant :- Rinku Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Pandey,Rajendra Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble B. Amit Sthalekar,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
This instant bail application has been filed on behalf of the applicant Rinku with a prayer to release him on bail in S.T. No.330 of 2018 (State vs. Rinku and Another) being as Case Crime No.127 of 2018, under Section 498-A, 323, 304-B IPC and 3/4 D.P. Act, Police Station Naubasta, District-Kanpur Nagar during pendency of the trial.
The contention of the learned counsel for the applicant is that the F.I.R. has been lodged by the father of the deceased (first informant) against the applicant and father-in-law, mother-in- law and Devar of the deceased with the allegation that due to non fulfilment of dowry they were harassing the deceased mentally and physically. Marriage was solemnized between deceased and the applicant on 21.11.2015. After marriage, deceased bore two sons. It is alleged that the deceased was taken by her father to his house and during treatment, she died on 17.03.2018.
It is further submitted that the applicant is innocent and has falsely been implicated in this case. The first informant took his daughter to his house on 23.02.2018 and lodged F.I.R. on 24.02.2018 and medical was done on the same date and as per medical report no injury was shown on the body of the deceased. During treatment, however after one month, daughter of the first informant died. It is next submitted that neither in the F.I.R. nor in the Supplementary affidavit, it has been stated that the deceased died in her matrimonial house or she went back with her father to her matrimonial house on 23.02.2018. As per postmortem report, cause of death was shown due to ante mortem burn injury, shock and septicaemia but in the F.I.R. single word is not mentioned anywhere about pouring hot mustered oil on her. It is further stated that the post mortem report does not corroborate the prosecution story. The applicant is languishing in jail since 13.04.2018. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned AGA opposed the prayer for bail and submitted that the deceased has died within three years of her marriage. It is further submitted that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence and without expressing any opinion on the merits of the case, prima facie, in my opinion a case for grant of bail is made out.
Let the applicant Rinku involved in S.T. No.330 of 2018 (State vs. Rinku and Another) being as Case Crime No.127 of 2018, under Section 498-A, 323, 304-B IPC and 3/4 D.P. Act, Police Station Naubasta, District-Kanpur Nagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.11.2019 Pr/-