Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41097 of 2019 Applicant :- Sanjay Rajbhar Opposite Party :- State of U.P.
Counsel for Applicant :- Rajendra Singh,Ashish Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Sanjay Rajbhar, in Case Crime No. 18 of 2019, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Rohaniya, District- Varanasi.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 09.01.2019; he is of no criminal antecedent; First Information Report itself says the marriage to be of year 2012, that too, by Court marriage and occurrence was said to be of 07.01.2019 i.e. of about seven years and mother of the deceased, in her statement under Section 161 Cr.P.C. has categorically said that that the deceased was previously married with some one and this marriage was broken and then after this second marriage was with the applicant, that too, by way of Court Marriage, hence the standing marriage was of about 7 years; it was second marriage and, that too, by the Court Marriage, then there is no question of any demand of dowry or cruelty with regard to it nor it was there; nor any report of protest was ever lodged; rather this was suicide by deceased herself having no other ante mortem injury except the injury of burn caused by deceased herself; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose the above factual aspect.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Sanjay Rajbhar, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 27.10.2021 Deepak/