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Pramod Jaiswal vs State Of U.P. on 3 April, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 13779 of 2019

Applicant :- Pramod Jaiswal

Opposite Party :- State Of U.P.

Counsel for Applicant :- Ajeet Kumar,Rajiv Lochan Shukla

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. The marriage of the applicant was solemnized with the deceased in the year 2017. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. In fact, the deceased sustained accidental burn injuries while she was heating the water. The applicant admitted the deceased in several hospitals to save her life but she succumbed to her injuries in Lucknow hospital. It has further been submitted that the FIR was lodged against applicant on the basis of false allegation. During trial the statements of informant Baijnath Gupta, father of the deceased and Meera, mother of the deceased have been recorded as P.W. 1 and P.W. 2. In their statements they have not supported the prosecution version and have been declared hostil. The above witnesses in their statements have clearly stated that there was no dispute of demand of dowry. The deceased sustained accidental burn injuries. The above witnesses have admitted that applicant and his family members have admitted the deceased in several hospitals for treatment. The above witnesses in their statements have not made any allegation against the applicant. There is no other cogent evidence against the applicant. There is no dying declaration of the deceased. The applicant has not committed the alleged offence. The applicant has no criminal history and is in jail since 8.3.2018.

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 Pramod Jaiswal involved in Case Crime No. 09 of 2018, under section 498A, 304B IPC and Section 3/4 D.P. Act, P.S. Sewrahi, District Kushi Nagar 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 :- 3.4.2019

Masarrat

 

 

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