Surendra v. State of U.P.

Court No. - 77

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16437 of 2019

Applicant :- Surendra Opposite Party :- State Of U.P. Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

Heard learned counsel for the applicant, Sri Pankaj Rai (B.H.), learned counsel appearing for the State and perused the record.

According to prosecution case, F.I.R. was lodged against the present applicant alleging that Shanti Devi, sister of the complainant was married with the applicant before twenty years and on 26.5.2018 he killed through strangulation.

Learned counsel for the applicant submitted that applicant is languishing in jail since 28.5.2018 (about eleven months) having no criminal history. He has been falsely implicated due to husband of the deceased only having two children. She committed suicide herself. There is no legal evidence against the applicant. He is a poor person and belongs to rural area. At the time of incident he was not present. She committed suicide after closing the hut. After twenty years of marriage how he will kill his wife. Presumption under Section 113B of Evidence Act will not lie against the applicant. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.