Allahabad High Court
Rajeev vs State Of U.P. on 2 April, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13652 of 2019
Applicant :- Rajeev
Opposite Party :- State Of U.P.
Counsel for Applicant :- Vikas Tripathi,Satish Trivedi Senior Advocate,Sheshadri Trivedi,Shri Satish Trivedi Senior Adv.
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 husband of the deceased. The marriage of the applicant was solemnized with the deceased in the year 2018. There was no dispute of demand of dowry. In fact, the deceased sustained injuries in truck accident. The applicant has lodged an FIR on 4.10.2018 against unknown truck driver under section 279 and 304-A IPC. The truck driver was arrested on 4.10.2018. The police also recorded his statement in which he has stated that one lady suddenly came before the truck, he tried to stop the truck but the lady was crushed under the truck and she died. The statement of truck owner was also recorded by the police in which he has also admitted that one lady died in a truck accident. In fact, the deceased died in a truck accident while she was returning from temple after attending the Devi Jagran. After 10 days of the alleged incident the father of deceased moved an application against the applicant that applicant has committed the murder of the deceased. Thereafter, his statement was recorded after one month from the date of his application. In his statement he has stated that applicant harassed and tortured to the deceased due to which the deceased committed suicide jumping before the truck. It has further been submitted that in fact the deceased died in a truck accident. False allegation has been made against the applicant. The applicant has not committed the alleged offence. The applicant has no criminal history and is in jail since 30.12.2018.
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 Rajeev involved in Case Crime No. 902 of 2018, under section 306 IPC and Section 3/4 D.P. Act, P.S. Bishrakh, District Gautam Budh Nagar 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 :- 2.4.2019
Masarrat
