In this bail application under Sections 498-A, 304-B IPC and Dowry Prohibition Act, the Court allowed the applicant's bail after finding he had made out a case. The applicant furnished a personal bond and two sureties.
The applicant was released on bail on furnishing a personal bond and two sureties.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3352 of 2022
Applicant :- Ravikant Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Swati Agrawal 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. 171of 2021, under Section 498-A, 304-B of IPC and 3/4 Dowry Prohibition Act, Police Station Gaurabadshahpur, District Jaunpur 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 FIR of this case was lodged by the mother of the deceased after the delay of three days i.e. on 24.09.2021 against the applicant, making allegation of demand of dowry and cruelty with the deceased. It is further submitted that Vivek and Shiva against whom F.I.R. was lodged was exonerated during investigation. It is submitted that Bhabhi of the applicant Seeta has already been granted bail by Co-ordinate Bench of this Court vide order dated 10.12.2021 passed in Criminal Misc. Bail Application No. 52063 of 2021, copy of this is taken on record. It is submitted that no injury on the body of the victim was present except of hanging. It is submitted that deceased wanted to live separately at Haryana with the applicant, therefore, she committed suicide. It is further submitted that the applicant is languishing in jail since 01.10.2021 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 but he could not dispute the aforesaid aspect of the matter.
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 Ravikant Rajbhar 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 :- 17.1.2023 VK Bharteey
Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in the given circumstances.
Ravikant Rajbhar
Mayank Kumar Jain
Virendra Kumar Bhartey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
