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Ranvir Singh vs State Of U.P. on 13 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 55543 of 2019

Applicant :- Ranvir Singh

Opposite Party :- State of U.P.

Counsel for Applicant :- Rajesh Singh

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Supplementary affidavit filed on behalf of the applicant is taken on record.

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

Learned counsel for the applicant submits that the applicant is husband of the deceased. The applicant has falsely been implicated in the present case. The marriage of the applicant was solemnized with the deceased about four years ago from the date of the alleged incident. The applicant has not harassed or tortured the deceased and has not compelled the deceased to commit suicide. As per postmortem report the cause of death of the deceased could not be ascertained, therefore the viscera was preserved. The viscera report has not been received. At the time of the postmortem no mark of injury has been found on the body of the deceased. It has further been submitted that during the trial the statements of informant Saurabh, (brother), Smt. Usha Devi, (mother) and Devi Lal (father) of the deceased have been recorded as P.W. 1 to P.W. 3. In their statements the above witnesses have not supported the prosecution version and they have been declared hostile and they have clearly stated that there was no dispute of demand of dowry and they have also stated that the applicant has not harassed or tortured the deceased. In the statements of the above witnesses it has come that the deceased was a lady of short tamper and she used to live in depression. It has further been submitted that the deceased consumed some poisonous substance. The applicant has no concern with the alleged incident. It has further been submitted that the applicant has admitted to the deceased in hospital to save her life. There is no other cogent evidence against the applicant. The applicant has not committed the alleged offence. There is no criminal history of the applicant and is in jail since 29.5.2019.

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

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

Let the applicant Ranvir Singh involved in Case Crime No. 168 of 2019, under Sections 498A, 328, 304B, SectionIPC and 3/4 D.P. Act, P.S. Rampur Maniharan, District Saharanpur be released on bail on his furnishing a personal bond and 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 evidences.

2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.

3. The applicant will 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 :- 13.12.2019/A.

 

 

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