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Brajesh vs State Of U.P. on 20 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 57482 of 2019

Applicant :- Brajesh

Opposite Party :- State of U.P.

Counsel for Applicant :- Rajeev Upadhyay

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Sri Jadunandan Yadav and Sri Agnivesh, learned counsel jointly filed Parcha on behalf of applicant, is taken on record.

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

Learned counsel for the applicant submits that applicant is husband of the deceased. The marriage of the applicant was solemnized with the deceased in the year 2004. There are three children from the wedlock of applicant and deceased. The age of elder daughter of applicant namely Ankima is about 11 years. During investigation the I.O. has also recorded the statement of Km. Ankima in which she has stated that the mental condition of her father was not sound due to which her mother was under depression. She further stated that her mother after committing marpit ousted her, thereafter, she committed suicide herself. It has further been submitted that at the time of alleged incident the applicant was not present at his house and he had gone to do work in the field. The alleged incident has taken place on 9.9.2018 and the FIR of the alleged incident has been lodged on the basis of an application moved under Sectionsection 156(3) Cr.P.C. against 7 persons including the applicant. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. False story has been concocted by the prosecution. There is no cogent evidence with regard to abetment against the applicant and there is no one to lookafter the minor children of the applicant. The applicant has not committed the alleged offence. The applicant has no criminal history and is in jail since 18.8.2019.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Brajesh involved in Case Crime No. 105 of 2019, under Sectionsection 498A, Section306 IPC, P.S. Shamshabad, District Farrukhabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

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

Order Date :- 20.12.2019

Masarrat

 

 

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