HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 35173 of 2019
Applicant :- Dhananjay Sahni And Another
Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Singh Sengar
Counsel for Opposite Party :- G.A.
Hon’ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
Argument on behalf of the applicants has been extended to the effect that in this case, applicants are innocent and have been falsely implicated in this case. There are no motive to commit the offence as alleged in the FIR. Further added that the applicants, who are jeth of the deceased, have no concern with the demand of dowry. The allegations on the face are general in nature. Under the similar circumstances co- accused Dukhanti (father-in-law of the deceased) has been admitted to bail by co-ordinate Bench of this Court on 13.08.2019 in Criminal Miscellaneous Bail Application No.32626 of 2019, copy whereof has been produced by the applicant, the same is taken on record. In case, the applicants are admitted to bail, there are no possibility of absconding or misusing the liberty of bail. The applicants have no criminal history and are languishing in jail since 11.03.2019 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicants- Dhananjay Sahni and Ajay Sahni- involved in case crime no.0036 of 2019, under Sections 498A, Section304B IPC and 3/4 D.P. Act, Police Station- Dakshintola, district Mau be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 22.10.2019/Raj