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Digvijay vs State Of U.P. on 28 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 52591 of 2019

Applicant :- Digvijay

Opposite Party :- State of U.P.

Counsel for Applicant :- Ray Sahab Yadav

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

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. He has falsely been implicated in the present case. The FIR has been lodged with the delay of one year and four months and there is no satisfactory explanation of this delay. There was no dispute of demand of dowry. At the time of alleged incident the deceased was at her parental house. The deceased was suffering from typhoid and her treatment was going on in Hallot hospital, Kanpur where she died. As per postmortem report no external injury has been found on the body of the deceased and the cause of death could not be ascertained, therefore, viscera was preserved. The viscera report has not been received till date. It has further been submitted that the applicant has not committed the alleged offence. In fact the deceased died due to typhoid. False allegation has been made against the applicant. During trial the statement of informant Bharat Pal, father of the deceased has been recorded as P.W. 1 in which he has not supported the prosecution version and has been declared hostile. There is no cogent evidence against the applicant. The applicant has no criminal history and is in jail since 30.5.2019.

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 Digvijay involved in Case Crime No. 43 of 2019, under Sectionsection 498A, Section304B IPC and Section 3/4 D.P. Act, P.S. Gursarai, District Jhansi 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 :- 28.11.2019

Masarrat

 

 

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