Application for bail under Sections 498-A, 326, 304-B IPC and Dowry Prohibition Act allowed. Plaintiff released on personal bond and sureties with conditions against tampering with evidence and threats to witnesses.
Release on bail with two sureties, personal bond, and conditions to not tamper with evidence or intimidate witnesses.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4460 of 2021
Applicant :- Babloo Kannaujiya Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Chaddha Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Babloo Kannaujiya in connection with Case Crime No.197 of 2018, under Sections 498-A, 326, 304-B, 504 I.P.C. & 3/4 Dowry Prohibition Act, Police Station Rajghat, district Gorakhpur.
The first information report of this incident was lodged by the complainant about the unnatural death of her daughter, Rinki, who was married with the applicant, alleging therein the general allegations of demand of dowry and harassment of her daughter.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the deceased has committed suicide as she was having love affair with some other person and her husband, the present accused was suspecting her. He submitted that the incident had taken place on 14.06.2018. He submitted that the FIR of this incident was lodged on 19.06.2018 and there is no explanation of the delay in lodging of the first information report. He submitted that in the dying declaration the deceased has stated that she was harassed by her mother-in-law and the allegation against the applicant is that the applicant was suspecting her and it was specifically alleged that at the time of incident the applicant was not at home. He further submitted that the family members of the applicant had taken the deceased to the hospital for treatment and they had tried to provide best possible treatment. He further submitted that the applicant was witness of the inquest. He further submitted that the trial has yet not been started. He submitted that the applicant is languishing in jail since 20.08.2018 and has no criminal antecedents to his credit, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 , but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Babloo Kannaujiya involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court; iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 17.2.2021
R./
3 issues framed by the court
Whether bail is appropriate under the given facts considering the nature of allegations and pending trial.
Whether the delay in lodging FIR affects the bail application.
Whether the applicant has antecedents that would bar bail.
Colour shows how this judgement treated each authority
Babloo Kannaujiya
State of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
