Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11806 of 2021 Applicant :- Sandeep Opposite Party :- State of U.P.
Counsel for Applicant :- Alok Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Alok Kumar Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 195 of 2020, under Section 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Sahayal, District Auraiya with the prayer to enlarge him on bail.
Submission of learned counsel for the applicant is that the applicant is innocent and has not committed the present offence. No prima facie case is made out against the applicant. Applicant is husband of the deceased. The cause of death of deceased is ante-mortem hanging. Referring to the post-mortem report, it was also argued that deceased committed suicide herself. Marriage of the deceased and applicant had taken place in the year 2017. It was further argued that what sort of dowry was being made by the applicant's side has not been made clear in the first information report. It is also argued that the applicant is in jail since 31.12.2020 having no criminal history.
Learned A.G.A. argued that death of deceased is unnatural one. She died within 7 years of her marriage. There is clear evidence of demand of dowry and causing of cruelty and harassment in lieu of said demand to the deceased. A prima facie case is made out against the applicant. It was further argued that plea taken by leaned counsel for the applicant is not acceptable and applicant is not entitled for bail.
Considering the submissions advanced by learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of case, the court is of the opinion that applicant has not made out a case for bail.
Hence, the bail application of applicant Sandeep is hereby rejected.
Order Date :- 27.7.2021/Gss