Ajay v. State of U.P.

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38221 of 2019 Applicant :- Ajay Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.,Vinay Kumar Mishra

Hon'ble Om Prakash-VII,J.

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

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Deceased died due to cardiac attack. She was taken to hospital by the applicant immediately as is clear from Annexure-6 to the affidavit filed in support of the application. Alleged offences are not attracted against the applicant. F.I.R. was lodged in the matter on the basis of false facts. The applicant has no criminal history. He is languishing in jail since 2.1.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

On the other hand, learned AGA opposed the prayer for bail.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant Ajay involved in Case Crime No. 1194 of 2018, under Sections 498-A, 304B IPC and 3/4 D.P. Act, P.S. Kotwali Auraiya, District - Auraiya be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.