This judgment grants bail to Ajaypal Singh in a criminal case involving dowry death and culpable homicide not amounting to murder. The court released the applicant on personal bond and two sureties subject to standard conditions.
The applicant is released on bail on furnishing a personal bond and two reliable sureties of the like amount.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10845 of 2019
Applicant :- Ajaypal Singh @ Manjhale Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Johri Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the materials on record.
The present bail application has been moved for enlarging the applicant-Ajaypal Singh @ Manjhale on bail in Case Crime No. 421 of 2018, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, Police Station Bilsanda, District Pilibhit.
Learned counsel for the applicant submitted that he is father-inlaw of deceased. Applicant has falsely been implicated in the present case. Further submitted that victim has committed suicide due to illicit relation-ship with some other person for which her father lodged FIR against one Vishal before her marriage. After her marriage, she became frustrated so she committed suicide. It is also further contended on behalf of applicant that mother-in-law of deceased tried to save her and received burn injury. It is further contended that co-accused Smt. Nanhi Devi has already been granted bail vide order dated 21.2.2019 passed in Criminal Misc. Bail Application No.7443 of 2019 by this Court and the case of the applicant stands on identical footing, hence, the applicant is also entitled for bail on the ground of parity also. If he is released on bail, he shall not misuse the liberty of bail.
Per contra, learned A.G.A. has opposed bail.
Considering the entire facts and circumstances of the case, submissions made by both the parties, severity of punishment, detention of applicant and without expressing any opinion on the merits the case, I am of the view that the applicant deserves bail.
Let applicant Ajaypal Singh @ Manjhale be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
In case of default, it shall be open for the trial court to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 13.3.2019 Akram
1 issue framed by the court
Whether the applicant deserves to be released on bail considering the facts and circumstances of the case and severity of punishment.
Ajaypal Singh @ Manjhale
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
