Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52032 of 2019 Applicant :- Vikash Kumar Shukla Opposite Party :- State of U.P.
Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Sri Ravindra Tripathi and Sri Anurag Prasad Shukla, Advocates have filed their joint vakalatnama on behalf of the first informant today in Court which is taken on record.
This anticipatory bail application u/s 438 Cr.P.C. has been moved seeking the bail of applicant namely Vikash Kumar Shukla in the event of his arrest in Case Crime No.128 of 2019, under Sections 498-A, 323, 307, 377, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Rajpura, District Chitrakoot.
Heard learned counsel for the applicant, learned counsel for the first informant and learned A.G.A. for the State and perused the record.
Learned counsel for the applicant has tried to place the argument to show that the victim was an insane lady and in fact, had gone on her own volition to her parents' house and at some stage, had tried to administer some poisonous substance in the food as a result of which the husband consumed the same and got hospitalized.
Learned counsel appearing for the first informant as well as learned A.G.A. have vehemently opposed the prayer for bail and have submitted to the contrary and have tried to show that the victim has suffered a lot in the hands of the applicant and the marriage has taken place about one and a half years back. The enormous cruelties were inflicted upon her and she was treated with cruelty impelling her to leave the matrimonial home. Attention of this Court has been drawn to the allegations made in the F.I.R. which includes the allegation that even attempt to kill the child was made and there were instances where the gas was left open with a plan so that the victim may catch fire and it may appear to be a case of accidental death. The applicant is the husband of the victim who is having moral responsibility to protect and ensure the welfare of his wife.
After considering the submissions advanced on behalf of rival sides, the nature and gravity of the accusation and material in support of the same I find no good ground for grant of anticipatory bail to the applicant .
Accordingly, the anticipatory bail application is rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 27.11.2019 CPP/-