This court allowed a bail application filed under Sections 498-A, 304-B IPC, and Dowry Prohibition Act. The court granted bail without expressing an opinion on the merits, subject to standard conditions preventing tampering with evidence and witnesses.
Bail granted by bond with two sureties; standard conditions to not tamper with evidence or influence witnesses.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25490 of 2022
Applicant :- Chandrabhan Opposite Party :- State of U.P. Counsel for Applicant :- Amar Nath Vishwakarma Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 55 of 2021, under Sections 498-A, 304-B of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Chharra, District Aligarh with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The applicant is the husband of the deceased Sapna. It is submitted that no demand of Rs.5,00,000/- to start the business of 'tent' has ever been made by the applicant and he never treated with cruelty to his wife. It is submitted that the victim committed suicide and during her post mortem no injury except ligature mark was found. It is submitted that the mother of the deceased has stated in her statement under Section 161 Cr.P.C. that the deceased did not like applicant and she wants to get rid of him. It is submitted that only general allegation are levelled against the applicant. It is further submitted that applicant is languishing in jail since 14.05.2021 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail and argued that the applicant is the husband of the deceased and she died within two years of her marriage at the house of the applicant under suspicious circumstances.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Chandrabhan in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4). 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 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 an application before this Court seeking cancellation of the bail.
Order Date :- 25.1.2023 Mohit
Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant accused under Sections 498-A, 304-B of IPC and Dowry Prohibition Act.
Chandrabhan
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
