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Kamal Kant Pandey vs State Of U.P. on 29 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 18458 of 2019

Applicant :- Kamal Kant Pandey

Opposite Party :- State of U.P.

Counsel for Applicant :- Raja Ullah Khan

Counsel for Opposite Party :- G.A

Hon’ble Raj Beer Singh,J.

Supplementary rejoinder affidavit as well as counter affidavit filed today, are taken on record.

The present bail application has been filed by the applicant in Case Crime No.3 of 2018, under Sections 304B, 498A, 328 of IPC and 3/4 of Dowry Prohibition Act, Police Station Kuraoli, District Mainpuri with the prayer to enlarge the applicant on bail.

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

Learned counsel for the applicant submitted that applicant is innocent and he has been falsely implicated in the present case. FIR has been lodged making false and baseless allegations. Marriage of deceased with applicant was solemnized about six years prior to the incident and they were blessed with two children but during the period of six years, no complaint was made regarding any dowry demand. It was submitted that applicant is working as private teacher at Inter College, Kuraoli and that deceased has committed suicide by consuming poison and he was informed about that incident at his college. Thereafter, he has reached at the spot and took the deceased to Krishna Nursing Home but as soon as they reached, the deceased has died. It was pointed out that applicant has made similar statement before Investigating Officer and that there is no evidence that deceased was administered any poison by applicant or his family members. It was stated that both children of deceased are residing with family of applicant. It was further submitted that applicant is languishing in jail since 26.09.2018 having no criminal history while not a single witness has been examined so far in trial and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

Learned A.G.A. opposed the prayer for bail and argued that applicant is husband of deceased and that there is evidence against him and that he and his family members used to demand dowry and harassed the deceased.

Considering the submissions of learned counsel for the parties, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

Let the applicant Kamal Kant Pandey involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

1. The applicant will not tamper with the evidence during the trial.

2.The applicant will not pressurize/ intimidate complainant or any prosecution witness.

3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted by court.

4.The applicant will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.

Order Date :- 29.1.2020

Mohit

 

 

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