The Single Judge granted bail to Rahul Chandra, a husband charged under dowry and murder-related sections, noting he has no criminal antecedents and has been detained for over five years. Conditions were imposed to prevent tampering with evidence.
Release on bail by executing a personal bond and two reliable sureties in the like amount.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18802 of 2020
Applicant :- Rahul Chandra Opposite Party :- State of U.P. Counsel for Applicant :- Naveen Kumar Yadav,Abhinav Prasad,Abhishek Kumar Srivastava,Jayant Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Rahul Chandra, in Case Crime No. 66 of 2016, under Sections498-A, 304-B, I.P.C. and Section 3/4 D.P. Act, Police Station-Mauaima, District-Allahabad.
First bail application was dismissed in default, it was not decided on merit.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number because of being husband of deceased and is languishing in jail since 27.03.2016 i.e. for more than 5 years; he is of no criminal antecedents; First Information Report was got lodged on 25.03.2016 at 17 P.M. for occurrence of 25.03.2016 itself, under Sections 498-A, 304-B I.P.C. read with Section 3/4 of D.P. Act, by Ravi Kumar Hela against the applicant Rahul Chandra and four others, who are family members of the applicant; marriage was of 24.11.2013 and this was a death by suicide by the deceased herself by pouring kerosine oil and putting at ablaze on 25.03.2016; in autopsy examination report no other ante mortem injury except deep intensive thermal burn injury was there and the room, where this occurrence occurred, was also having evidence of burn; this was a suicide committed by the deceased herself; no demand of dowry or cruelty with regard to it was ever made, rather, it was a marriage without any dowry; other co-accused have been enlarged on bail by coordinate Benches of this Court; orders are with paper book; deceased was having one female child; none is to look after her; trial could not be concluded, even after five
years; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail; hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedents.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the applicant is languishing in jail since more than five years, the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Rahul Chandra , 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:
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 :- 10.12.2021 Deepak/
1 issue framed by the court
Whether bail should be granted to the applicant charged under Sections 498-A, 304-B IPC and Section 3/4 DP Act who has been in jail for over five years?
Rahul Chandra
State of U.P.
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
