Allahabad High Court
Rajeev Kumar @ Narayan Tiwari vs State Of U.P. on 19 October, 2020
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1123 of 2020 Applicant :- Rajeev Kumar @ Narayan Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Sarvesh Kumar Dubey Counsel for Opposite Party :- G.A.,Sushil Kumar Dubey Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant, Rajeev Kumar @ Narayan Tiwari, has prayed to release him on bail in Case Crime No. 336 of 2019, under Sections-304B, 498A, 315 I.P.C. and Section 3/4 D.P. Act, Police Station-Kishni, District-Mainpuri.
Learned counsel for the applicant argued that accused applicant is innocent. He has been falsely implicated in this very case crime number because of being husband and is languishing in Jail since 16.09.2019. Whereas, the deceased in her dying declaration recorded, two times, has said nothing about him, rather, an attempt to save her has been said by herself. She was taken to the Hospital and then to Saifai Medical College, as has been written in the First Information Report, itself, but, unfortunately, she succumbed due to burn injuries. General allegation of demand of dowry coupled with cruelty is there. Co-accused, Sunita Tiwari and Km. Shilpi, have been granted bail, by coordinate Bench of this Court, in Criminal Misc. Bail Application Nos. 14066 of 2020 and 25579 of 2020, respectively. The applicant is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned counsel for the informant as well as learned AGA has vehemently opposed the bail application with the contention that the marriage was nine months old and pregnancy of six months was there. Applicant is husband, close companion, for around of clock, with the deceased, and it was said by the informant, that pressure was being exerted for having favour from injured, who subsequently died and these dying declaration are managed dying declaration.
Having heard learned counsel for both sides and gone thorough the material placed on record it is apparent that the deceased was taken to Hospital for treatment, from there Saifai Medical College and from there to Safdarganj Hospital, Delhi. She gave her statement, as dying declaration, at two different places, on 24th July, and 25th July, 2019 and in both the statements nothing incriminating was there, against the husband rather, first dying declaration was against Nand and the second dying declaration was against the mother-in-law and sister-in-law. Both of them have been granted bail by coordinate Bench of this Court. Considering all these facts and circumstances of the case, nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Rajeev Kumar @ Narayan Tiwari, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 19.10.2020 Deepak/