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Santosh Kumar vs State Of U.P. on 13 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 48

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 25230 of 2019

Applicant :- Santosh Kumar

Opposite Party :- State Of U.P.

Counsel for Applicant :- Krishna Kumar Singh

Counsel for Opposite Party :- G.A.

Hon’ble Pritinker Diwaker,J.

Heard Sri Krishna Kumar Singh, learned counsel for the applicant, Sri P.S. Jadon, learned A.G.A. for the State and perused the record.

This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the trial in connection with Crime No. 235 of 2018, under Sections 498A, Section304B I.P.C and Section 3/Section4 of Dowry Prohibition Act, Police Station Shankargarh, District Allahabad.

As per prosecution case, the deceased Deepika, wife of applicant, was done to death by him on 07.08.2018.

Learned counsel for the applicant in support of his application for bail submits that in the FIR allegations have been made against the other family members also but charge sheet has been filed only against the applicant. He submits that independent witness Smt. Seema Devi has not supported the prosecution case. There is delay of 18 days in lodging the FIR, which has not been explained.

Opposing the bail application, it has been argued by the State counsel that in the hospital deceased made oral dying declaration before the Harikush and the evidence also reflects that the deceased was subjected to cruelty for demand of dowry.

Considering the facts and circumstances of the case in particular the nature of evidence available on record, I am not inclined to release the applicant on bail.

The bail application is accordingly rejected.

Applicant would be at liberty to revive his application after recording of evidence of main witnesses.

Order Date :- 13.9.2019

SK

 

 

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