Vijay Kumar vs State of U.P.

Hon''ble Ashok Srivastava, J.—This bail application has been moved on behalf of the applicant Vijay Kumar, who is involved in Case Crime No. 111 of 2011 under Sections 498A, 306 IPC and Sec. 3/4 D.P. Act, P.S. Dhanghata, District Sant Kabir Nagar. I have heard learned counsel for the parties and perused the records.

It has been submitted from the side of the applicant that the applicant is in jail since 12.2.2011, that he is innocent and has committed no offence, that he has been falsely implicated in this case by the complainant, who is having certain grudge against him. It has further been submitted that the deceased was married some 18 years ago with the applicant and he is having three issues and all of them are minor. It has also been submitted that it is not believable that for a long period of 18 years a husband will ask for dowry from his father-in-law and for the purpose he will torture his wife. It has further been submitted that all the three children are minor and there is no one at home to look them after.

The bail application has been vehemently opposed by the learned AGA arguing on behalf of the State.

The applicant has been languishing in jail since 12.2.2011. He has three minor children at home and apparently no one is there to look them after properly. The marriage of the deceased was solemnized with the applicant some 18 years ago and it appears a bit improbable that after such a long time the applicant will demand certain amount of money as dowry from his father-in-law. Considering all the aspects of the case and without expressing any opinion as to the merits of the case, I am of the view that the applicant should be released on bail. Let the applicant Vijay Kumar, who is involved in Case Crime No. 111 of 2011 under Sections 498A, 306 IPC and Sec. 3/4 D.P. Act, P.S. Dhanghata, District Sant Kabir Nagar, be released on bail on his executing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.