The single-judge court examined a bail application in a murder and cruelty case under various IPC sections. Finding it a fit case, the court allowed the bail petition, releasing the applicant on personal bond and sureties.
Release on bail with personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
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Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7865 of 2018
Applicant :- Awadh Kishor Gautam Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Singh,Sr. Advocate Counsel for Opposite Party :- G.A.,Pramod Kumar Dwivedi
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, and learned counsel for informant and learned A.G.A. for the State.
This bail application has been moved by the accused-applicant Awadh Kishor Gautam who is involved in Case Crime No. 238/2017, under Sections 147, 302, 201, 498A, 120B I.P.C. & Section 3/4 D.P. Act, Police Station- Sahapau, District Hathras.
As per prosecution version, Smt. Poonam Gautam, daughter of informant Smt. Brahma Devi Tiwari, was married with Awadhesh Gautam, 8 years ago. Applicant and his family members started cruelty with her and also started demanding money to start business. On 19.09.2017, dead-body of Smt. Poonam Gautam was recovered on the road, there was injury on her body. She has died due to shock and hemorrhage as a result of ante-mortem injuries.
It is contended by learned counsel for the applicant that there is no specific role of demand of dowry against applicant. Applicant is living separately. Applicant is dewar of sister of deceased Smt. Poonam Gautam and there is no any evidence of murder against applicant. There is no criminal antecedent against applicant.
Learned counsel for informant and learned A.G.A. has opposed the prayer for bail and contended that deceased died at her matrimonial home and presumption of causing death should be made against applicant. Learned counsel for informant further contended that there is evidence to show that soon before her death, she was treated with cruelty.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant Awadh Kishor Gautam be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Accordingly bail application is allowed .
Order Date :- 12.3.2018 Sharad/-
3 issues framed by the court
Whether the facts of this case constitute a fit case for granting bail to the accused.
Whether the presumption of causation of death can be drawn to grant bail in a murder case involving dowry death.
Whether the applicant deserves release on bail satisfying the requirement of a personal bond and sureties.
Awadh Kishor Gautam
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
