Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55886 of 2019 Applicant :- Vijendra Opposite Party :- State of U.P.
Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
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 Jeth of the deceased. He has falsely been implicated in the present case. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. There is general allegation against the applicant. No specific role has been assigned to him. As per postmortem report the deceased died due to burn injuries. The applicant has no concern with the alleged incident. There is no dying declaration of the deceased. There is no direct evidence against the applicant. The co-accused Asarfi Devi @ Guddi, mother-in-law of the deceased has already been released on bail by this court vide order dated 4.12.2019 in Criminal Misc. Bail Application No. 47495 of 2019, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 25.2.2019.
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 Vijendra involved in Case Crime No. 65 of 2019, under section 498A, 304B IPC and Section 3/4 D.P. Act, P.S. Sadabad, District Hathras 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 :- 16.12.2019 Masarrat