Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56892 of 2019 Applicant :- Vijay Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Satyendra Narayan Singh,Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of applicant, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant is husband of the deceased. He has falsely been implicated in the present case. The FIR of the alleged incident was lodged against 5 persons including the applicant making general allegation. No specific role has been assigned to him. As per postmortem report the cause of death has been shown asphyxia due to ante mortem hanging. The deceased has committed suicide herself. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. During trial the statement of Surajpal Singh, father of the deceased and Lakshmi, mother of the deceased have been recorded as P.W. 1 and P.W. 2. P.W. 1 Surajpal Singh although in his examination- in-chief has supported the prosecution version but in his cross- examination he has clearly stated that the applicant has not harassed or tortured to the deceased and has not committed marpit with the deceased. He further stated that prior to the alleged incident the deceased also tried to commit suicide at two times. It has further been submitted that this witness in his cross-examination has not made any allegation against the applicant. P.W. 2 Lakshmi, mother of the deceased has clearly stated that applicant has not harassed or tortured to the deceased and has not compelled the deceased to commit suicide. In her statement it has come that prior to the alleged incident the deceased has tried two times to commit suicide. This witness has been declared hostile. There is no other witness of fact. There is no cogent evidence against the applicant. The applicant has not committed the alleged offence. The applicant has no criminal history and is in jail since 30.10.2018.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Vijay Singh involved in Case Crime No. 60 of 2018, under section 498A, 304B, 323, 504 IPC and Section 3/4 D.P. Act, P.S. Sahason, District Etawah be released on bail on his furnishing a personal bond with 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 evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall 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 :- 19.12.2019 Masarrat