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Allahabad High Court · body

2012 DIGILAW 236 (ALL)

Rajesh Kumar v. State of U. P.

2012-01-25

S.C.AGARWAL

body2012
S.C. Agarwal, J.;- Heard Sri S.P. Tewari and Sri Sanjeev Kumar Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Learned counsel for the applicant submitted that applicant is the husband of the deceased. Marriage was solemnized in the year 2008. On 7.1.2011, in the early hours of the morning, the applicant and his wife were going for a walk. Some unknown miscreants attacked them, shot the wife of the applicant dead and caused knife injuries to the applicant by stabbing in the stomach. The information about the incident was given to the police by brother of the applicant and the applicant was admitted in the hospital where he was operated upon. It was further submitted that brother of the deceased lodged the false FIR against the applicant and other family members. During trial, Shivendra, brother of the deceased, has been examined as P.W.1 and Smt. Chandrakali, mother of the deceased, has been examined as P.W.2 and both of them have not supported the prosecution case and have denied any demand of dowry on the part of the applicant. Learned counsel further submitted that the applicant is in jail since 10.2.2011. 3. Learned A.G.A. opposed the prayer for bail and submitted that the deceased died within 7 years of marriage under unnatural circumstances by gunshot injury and she was shot dead by the applicant himself and the applicant stabbed the knife in his own abdomen simply to dramatize and to create a fictitious story. 4. Doctor found the injury on the person of the applicant to be grievous and suggested urgent surgery. 5. At this stage, it would not be proper to express opinion as to which of the version i.e. the version set up by the first informant or the version set up by the brother of the applicant, is correct. 6. Considering all the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it to be a fit case for bail. 7. 6. Considering all the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it to be a fit case for bail. 7. Let applicant Rajesh Kumar, involved in case crime no.6 of 2011 under Sections 302, 309 I.P.C. pertaining to Police Station Shikohabad, District Firozabad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned and also subject to the following conditions : (a) The applicant shall attend the court according to the conditions of the bond executed by him ; and (b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.