Criminal court allowed bail application filed by Sunil Kumar Sharma accused under Sections 498-A, 304-B IPC and Dowry Prohibition Act. Bail granted as prosecution witnesses did not support the version of father and brother of the deceased.
Release of applicant on bail furnishing personal bond and two sureties subject to conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9847 of 2019
Applicant :- Sunil Kumar Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case for making demand of dowry and harassment of the deceased who was wedded wife of the applicant and committed suicide by hanging. The allegation of demand of dowry and harassment is false. There is no evidence on record to support the allegation as aforesaid. No any injury was found on the person of the deceased except ligature mark which shows that she committed suicide by hanging. Further submitted that P.W. 1 father of the deceased has been examined before the learned trial court in which he has not supported the prosecution version and declared to be hostile. His cross-examination was made by learned A.G.D.C. in which nothing was found in support of the allegation regarding demand of dowry and harassment. It is also submitted that P.W. 2 brother of the deceased has also been examined before the learned trial court who has also not supported the prosecution version. In this way, there is no evidence on record to support the allegation made in the F.I.R. He is languishing in jail since 11.4.2018, having no any criminal antecedent and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA opposed the prayer for bail but acceded the fact that P.Ws.1 & 2 have been examined before the learned trial court have not supported the prosecution version..
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the fact that P.Ws. 1& 2 (father and brother of the deceased) have been examined before the learned trial court and they have not supported the prosecution version and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sunil Kumar Sharma involved in Case Crime No. 106 of 2018, under Sections 498-A, 304-B , 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Sarai Aquil, District Kaushambi 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 13.9.2022 A. Singh
Digitally signed by ANURAG SINGH Date: 2022.09.16 15:50:57 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the accused is entitled to bail pending trial given the lack of support from key prosecution witnesses.
Sunil Kumar Sharma
Subhash Chandra Sharma J.
Anurag Singh J.
As recorded by the court registry
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