Radhey Alias Anuj Vs State of U.P.

Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7149 of 2022

Applicant :- Radhey Alias Anuj Opposite Party :- State of U.P. Counsel for Applicant :- Devi Dayal Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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

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By means of this application, the applicant who is involved in Case Crime No. 69 of 2021, under sections 498A, 307, 326A I.P.C. and section 3/4 Dowry Prohibition Act, P.S. Jagdishpura, district-Agra, is seeking enlargement on bail during the trial.

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The first information report was lodged by the informant about dowry death of his sister against his brother-in-law and his other family members.

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Learned counsel for the applicant submits that the applicant is the unfortunate husband of the alleged victim. He is absolutely innocent and has been falsely implicated in the present case with the ulterior intention of harassing him. Only general allegation of demand of dowry has been made against the accused and his other family members. He also submits that although the injured has sustained severe burn injuries but as per statement of the injured, no specific role has been assigned to the applicant in causing burn injuries to the injured, which is evident from the statement of the victim (Annexure-7). The role of putting the injured on fire has been attributed to co-accused Rakesh Diwakar, who is father-in-law of the injured and that said accused has already been enlarged on bail by another Bench of this court vide order dated 13.8.2021 passed in Criminal Misc. Bail Application No. 16248 of 2021. Other co-accused Vinita and Arjun, who happen to be mother-in-law and brother-in-law of the injured have also already been enlarged on bail by co-ordinate Benches of this Court. He lastly submits that the applicant, who is in jail since 6.2.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the statement of the injured, considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Radhey Alias Anuj be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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(a) The applicant shall attend the court according to the conditions of the bond executed by him.

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(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 25.4.2022 Faridul

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Digitally signed by FAREEDUL HASAN Date: 2022.04.26 11:57:28 IST Reason: Location: High Court of Judicature at Allahabad

Radhey Alias Anuj v. State of U.P.

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Radhey Alias Anuj v. State of U.P.

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