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2015 DIGILAW 2047 (ALL)

Dheeraj Kumar Solanki @ Dheeraj Solanki v. State of U. P.

2015-07-22

ARVIND KUMAR MISHRA I

body2015
JUDGMENT Arvind Kumar Mishra-I, J. Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record. 2. Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case being husband of the victim. As per questionnaire appearing at page 22, it is obvious that even no medical was conducted regarding the alleged miscarriage/abortion of the victim, the offence alleged is triable by the Magistrate Ist Class. A divorce petition was filed in the month of October, 2014 whereas the instant FIR is outcome of the conspiracy hatched by the maternal uncle of the first informant as a counter blast. Copy of the divorce petition has been placed on record wherein the allegations of cruelty has been specifically denied. There is no credible and supporting evidence on record. The applicant does not bear any criminal history to his credit and is languishing in jail since 01.07.2015 in the present case. 3. Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts. 4. Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed. 5. Let the applicant Dheeraj Kumar Solanki @ Dheeraj Solanki involved in Case Crime No.119 of 2014, under Sections 498A, 313, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Mathura be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.