Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15471 of 2018 Applicant :- Vijendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahipal Singh,Prashant Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Mahipal Singh, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant-Vijendra Singh seeks bail in Case Crime No.177 of 2017, under Sections 498-A, 304-B I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Faijganj Bahta, District Budaun.
It has been argued by the learned counsel for the applicant that the applicant is the husband of the deceased. His marriage with the deceased was performed about five years' back. The allegations made in the F.I.R. that after five years of marriage there was demand of Santro car by the applicant and his family members is totally false and fabricated. He has argued that in fact the deceased died on account of injury sustained by her when the applicant, along with his father and the deceased were going on a motorcycle to meet ailing grand mother of the deceased, the motorcycle skidded and all three of them fell down and sustained injuries. It is stated in para 13 of the affidavit that including the deceased, the applicant and his father, Chhotey Singh also received injuries. It was next contended that F.I.R. was lodged on the third day of occurrence i.e. 7.7.2017 at 1 p.m. Thus the applicant, who is in jail since 24.7.2017, may be enlarged on bail during trial.
Per contra, learned A.G.A. has vehemently opposed the prayer for the bail and submitted that the version set up by the applicant that the deceased, the applicant himself and his father had fallen from motorcycle and had received injuries, on the face of it, is a concocted story. He has contended that though in para 13 of the affidavit it is stated that all the three persons had sustained injuries, however, no injury report of applicant's father,Chhotey Singh has been annexed and medical report of applicant annexed as Annexure-7 to the affidavit appears to be a procured and fabricated medical report by a private doctor. In the said report, neither time of examination of the applicant nor dimension and seat of injury allegedly sustained by the applicant has been mentioned therein. He has further submitted that in the post mortem report eight injuries on the person of the deceased have been noted. She died on account of head injury and fracture of occipital bone was also noted in the post mortem report. The ante mortem injuries of deceased suggest that she was brutally beaten and defence theory of fall from motorcycle is palpably false, as such the applicant is not entitled to be released on bail.
Considering the facts and circumstances of the case, the nature of the injuries sustained by the deceased and also the evidence appearing against the applicant that he was constantly demanding dowry, I do not find any ground to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
Order Date :- 26.4.2018 MN/-