Allowed

Amit Adjariya v. State of U.P.

Allahabad HC15 Feb 2023BAIL/7341/2023

Case brief

AI extract

What is this about?

Court allowed bail to Amit Adjariya accused under Sections 498-A, 304-B IPC and Dowry Prohibition Act. Applicant alleged false implication and provided strong alibi. Court directed furnishing of personal bond and two sureties subject to specific conditions.

What did the court decide?

Released on bail on personal bond and two heavy sureties subject to conditions of not tampering with evidence, intimidating witnesses, and appearing in court.

Amit Adjariya Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2023)

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7341 of 2023

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Applicant :- Amit Adjariya Opposite Party :- State of U.P. Counsel for Applicant :- Pt. S.P. Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Shri Pt. S.P. Sharma, learned counsel for the applicant as well as Shri Vibhav Anand Singh, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No.169 of 2022, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Lahchura, District Jhansi, during the pendency of trial.

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As per prosecution story, the marriage of daughter of the informant was solemnized with co-accused Sumit Adjariya as per Hindu rites on 28.11.2017. The applicant and other coaccused persons are stated to have subjected the deceased person to cruelty for demand of dowry. There are allegations of money transferred to the account of co-accused person Sumit Adjariya. The applicant and other co-accused persons are stated to have led her to commit suicide on 26.10.2022 at about 10:00 p.m.

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Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel has stated that the applicant is employed in a pharmaceutical company at Indore and has strong alibi to his credit. Learned counsel has stated that applicant is the brother-in-law (Jeth) of the deceased person and has nothing to do with the said offence as he lives separately and he has been implicated in the case due to his relation with the husband of the deceased person. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 17.1.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra, learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions raised by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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.

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Let the applicant- Amit Adjariya involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy 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 pressurize/ intimidate the prosecution witness.

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(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 commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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(v) 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 or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 15.2.2023 Vikas

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Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad

Amit Adjariya v. State of U.P.

Case brief

What is this about?

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Amit Adjariya v. State of U.P.

Case brief

What is this about?

What did the court decide?

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