Bail application allowed for applicant accused in a matrimonial dispute case involving burn injuries. Court granted bail subject to standard conditions including appearance in court and non-interference with witnesses.
Released on bail on personal bond and two reliable sureties subject to conditions.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9448 of 2019
Applicant :- Vijay Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Kumar Tiwari,Ghan Shyam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Vijay Kumar has prayed to release him on bail in Case Crime No. 180 of 2017, u/s 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, P.S. Brijmanganj, District Maharajganj.
Heard learned counsel for the applicant and Sri Ghanshyam Yadav, learned counsel for the informant as well as learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Marriage was performed on 2.5.2014 and accused applicant went Saudi Arab on December 2016. This occurrence took place on 10.6.2017 at about 1:00 A.M. whereas deceased was taken to hospital by applicant's father and inquest proceeding was conducted in presence of his father, mother and village men, who is given information to informant. He participated in last rituals but after six days of occurrence, this false report was got lodged. Co-accused have been enlarged on bail. Accused applicant is of no criminal antecedents. Hence, bail has been prayed for.
Learned private counsel as well as AGA has vehemently opposed the bail application.
As per FIR, accused applicant, husband of deceased was at Saudi Arab with regard to his job and this occurrence was of night, in which applicant's father took deceased for her treatment at District Hospital Maharajganj. She succumbed owing to antemortem burn injuries. This was reported to informant and parents of accused applicant, were witnesses of inquest proceeding. Meaning thereby, they have not run from spot. They took injured at hospital for treatment. Accused applicant was at Saudi Arab six months back. He was not present on spot. Witnesses of fact have categorically said that mother of deceased had previously died and father was under
ailment, hence, they were not in a position to fulfill demand of gold chain and Bolero. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Vijay Kumar, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 1.5.2019 Kamarjahan
Vijay Kumar
State Of U.P.
Ram Krishna Gautam
As recorded by the court registry
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