Allahabad High Court
Vikas Jayant vs State Of U.P. on 1 June, 2016
Bench: Abhai Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18103 of 2016
Applicant :- Vikas Jayant
Opposite Party :- State Of U.P.
Counsel for Applicant :- Aditya Prasad Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar, J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The contention raised by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case due to ulterior motive. It is further contended that accused is husband of prosecutrix. It is alleged that on 04.02.2016 at 08:00 p.m. accused persons tried to strangulate the victim and tried to cut the throat by knife and also assaulted from the butt of gun, then she was left in dire stage at her parental house. It is submitted by learned counsel that accused - applicant is serving in defences / armed forces. There in only widow mother is in his family. All the allegations are falsely made and after the incident the accused was summoned at the parental house of the victim for having talks but thereafter a false case under Section 307 of I.P.C, was also lodged against him and accused also received injuries in the mar-peet incident, which was made at his inlaws house.
It is next contended that the applicant is in jail since 25.03.2016, with no previous criminal history and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and stated that applicant is main accused and is responsible for all the proceedings of atrocities inflicted upon the victim. In the case in hand victim was injured and medical report was on record.
All the injuries found simple in nature though one injury was kept under observation and in the second incident injuries received by Smt. Baby Kumari are also simple in nature. Accused - applicant himself got six injuries in the incident. It is argued by learned counsel that applicant - accused was threatened at the house of victim.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail. However, any observation made herein above, will not affect the trial of the case.
Let the applicant - Vikas Jayant involved in Case Crime No. 62 of 2016, under Section 323, 498-A, 307, 506, I.P.C and under Section 3 /4 Dowry Prohibition Act, Police Station - Shamli, District - Prabudha Nagar, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 01.06.2016.
Vinod.
