Allowed

Sonu @ Awdhesh v. State of U.P.

Allahabad HC11 Jul 2022BAIL/8815/2022

Case brief

AI extract

What is this about?

Hon'ble High Court allowed bail in a bail application filed under Section 304 IPC. The court held that the applicant is entitled to bail based on the submissions made by his counsel, without making observations on the merits of the case.

What did the court decide?

The applicant-Sonu alias Awdhesh be released on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Sonu @ Awdhesh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8815 of 2022

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Applicant :- Sonu @ Awdhesh Opposite Party :- State of U.P. Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.123 of 2021 at Police Station-Pisawa, DistrictAligarh under Section 304 IPC. The applicant is in jail since 22.09.2021.

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The bail application of the applicant was rejected by learned District and Sessions Judge, Aligarh on 25.01.2022.

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Shri M.P.S. Chauhan, 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. The F.I.R. is the result of family dispute over some property. The deceased was suffering from a chronic kidney ailment. The deceased was of a sensitive nature and was depressed as her physical condition did not improve despite best medical care. On the fateful day, the deceased showed some signs of physical discomfort. The applicant promptly rushed her to the hospital. The doctors at Aligarh hospital

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declined to admit the deceased because of her condition. The applicant thereafter proceeded to Noida to provide her medical attention. The victim died on the way. No visra report has been submitted till date. The informant, who is the brother of the deceased while deposing before the learned trial court as P.W.1 has refuted the prosecution case. He has categorically asserted that the applicant and the deceased had harmonious marital relations. Similarly, P.W.2, who is the sister of the deceased, has also reiterated that the applicant and the deceased had a happily married life. She was taken to the hospital by the applicant and she died on her way. There was no marital discord between the applicant and the deceased. The applicant not responsible for the death of his wife. Prosecution evidence does not connect the applicant with the offence. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case.

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Shri Preetam Singh Patel, 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.

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I see merit in the submissions of the learned

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counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Sonu alias Awdhesh 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.

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(i) The applicant will not tamper with the evidence during the trial.

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(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.

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(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.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 11.7.2022 Ashish Tripathi

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Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.07.12 15:14:35 IST Reason: Location: High Court of Judicature at Allahabad

Sonu @ Awdhesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sonu @ Awdhesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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