Ajay vs State Of U.P.
2017 Latest Caselaw 6650 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37767 of 2017
 
Applicant :- Ajay
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Raghvendra Prakash
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Bachchoo Lal,J.

This is the second bail application of the applicant. The first bail application of the applicant was rejected on merit by this court vide order dated 16.9.2015.

Heard learned counsel for the applicant,  learned AGA for the State and perused the record.

Learned counsel for the applicant submits that the applicant is husband of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. It has further been submitted that dying declaration of the deceased was also recorded in which she has not made any allegation against the applicant. In dying declaration of the deceased it has come that the applicant was not present at his house at the time of alleged incident. The deceased has made allegation against her father-in-law, mother-in-law, jeth, jethani and sons of jeth in her dying declaration. Jhinku, the father-in-law of the deceased, and Basdei mother-in-law of the deceased, have already been granted bail by another bench of this court vide order dated 16.8.2017 and 13.10.2017 respectively. It has further been submitted that during trial,  the statements of witnesses of fact have  been recorded. There is no chance of tempering with the evidence. The applicant is innocent and has falsely been implicated in this case. The applicant is languishing in jail since  20.11.2014.

Per contra, learned AGA opposed the prayer for bail.

Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case,  I am of the opinion that it is a fit case for bail.

Let the applicant Ajay involved in Case Crime No.110 of 2014, under Section 498-A, 326, 304-B  IPC and 3/4 D.P.Act, Police Station Kaptanganj District Azamgarh be released on bail on his furnishing a personal bond and 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 evidences.

2.  The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.

3.  The applicant will 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 :- 10.11.2017/Gss