Court allowed bail application filed by Rahul Gupta charged under dowry-related sections, granting release on bond and sureties subject to standard conditions, noting genuine good bail grounds.
Release on bail by furnishing personal bond and two sureties subject to conditions not to tamper with evidence or influence witnesses.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4108 of 2022
Applicant :- Rahul Gupta Opposite Party :- State Of Up. Counsel for Applicant :- Sanjay Kumar Singh,Rakesh Kumar Patel Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.148 of 2021 at Police Station-Rampur, DistrictJaunpur under Sections 498A, 304B IPC and Sections 3/4 of the Dowry Prohibition Act. The applicant is in jail since 21.09.2021.
The bail application of the applicant was rejected by learned Sessions Judge, Jaunpur on 12.01.2022. Shri Sanjay Kumar Singh, learned counsel and Shri Rakesh Kumar Patel, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is the husband of the deceased. The applicant is bereaved by death of his wife. He used to reside in Mumbai for his livelihood. However, because of paucity of resources, his family could not stay at Mumbai. The deceased was of a sensitive nature and became depressed because of prolonged separation. Moreover, the deceased was suffering from recurring ailment which aggravated her mental condition. She was being provided best
medical care but her condition did not improve. On the fateful day, she succumbed to depression and after locking herself in a room took the extreme the step of ending her life. As per inquest report, the door had to be broken open to get the deceased down from her hanging position. At the time of incident the applicant was in Mumbai. The post mortem report opines that the death was due to asphyxia as a result of antemortem hanging. No other antemortem injuries apart except the ligature marks have been found on the body of the deceased. The said ligature marks are consistent with the hanging. The applicant did not harass the applicant nor did he demand any dowry. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case.
Shri Jitendra Kumar Singh, learned brief holder could not satisfactorily dispute the aforesaid submissions from the record. He, however, does not dispute the fact that the applicant does not have any criminal history apart from this case.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without
making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Rahul Gupta be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
(ii) The applicant will not influence any witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 11.7.2022 Ashish Tripathi
Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.07.12 13:58:31 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in the cited criminal case.
2 provisions across 2 enactments
Rahul Gupta
Ashish Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
