Held a case for bail is made out and accordingly allowed the bail application. The applicant was ordered released on personal bond and two sureties subject to standard bail conditions.
Bail on furnishing a personal bond and two sureties each in the like amount subject to conditions.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1577 of 2022
Applicant :- Seeri @ Shriram Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Prabodh Dubey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is fatherin-law of deceased and he has not committed any offence. The marriage of deceased with son of applicant has taken place on 19.11.2019 and that the allegations of dowry demand and harassment of deceased made against the applicant, are thoroughly false. It was stated that the entire family of the applicant including the daughters of applicant were named in the first information report. In postmortem report, except ligature mark, no other injury has been shown on the body of deceased and hyoid bone has been shown intact. Learned counsel submitted that though the cause of death has been mentioned as ante-mortem injury, but except ligature mark, no other injury has been shown on the body of deceased and it is apparent that deceased has died due to antemortem hanging. It was also stated that applicant was residing separately from the deceased and her husband and in this connection the certificate issued by the 'Gram Panchayat' has been annexed as Annexure-4 to this bail application. Lastly it was submitted that the applicant is an old person and now he is languishing in jail since 23.11.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, nature of allegations, period of custody and all attending facts and circumstances of the
case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Seeri @ Shriram involved in Case Crime No. 388 of 2021, under Sections 498-A, 304-B IPC and Section 3/4 of D.P. Act, P.S. Jhangha, District Gorakhpur, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
5.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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 9.5.2022 A. Tripathi
Digitally signed by AKHILESH TRIPATHI Date: 2022.05.09 20:07:52 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail be granted to the applicant charged under Sections 498-A IPC, 304-B IPC and Section 3/4 of D.P. Act.
Seeri @ Shriram
Akhilesh Tripathi
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
