Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23271 of 2016 Applicant :- Suraj Kharwar Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishnaji Khare,Mrityunjay Khare 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 bail application seeking bail in Case Crime No. 342 of 2015 u/s 498-A, 304-B I.P.C. and Section 3/4 D.P. Act , Police Station- Gahmar, District Ghazipur.
Contention of learned counsel for the applicant is that even though it is true the applicant is the husband but he has no role to play in controversy in issue involved in the present case. Reliance has been placed on the dying declaration of the deceased in which specific role of pouring kerosine oil on the deceased has been assigned to the mother-in-law. The said dying declaration has been annexed as Annexure SA-1 to the Supplementary affidavit dated 12.09.2016. Further contention is that the applicant is in jail since 16.05.2016 with no criminal history and in case he is released on bail, he will not misuse the said liberty.
Learned AGA has opposed the bail application of the applicant.
In view of the aforesaid facts and circumstances and keeping in view the law as laid down by the Apex Court in the case of Data Ram vs. State of UP and others, 2018(3) SCC 22, 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 Suraj Kharwar involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 23.8.2018 SKG