Deepak Patel Vs State of U.P.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7386 of 2022

Applicant :- Deepak Patel Opposite Party :- State of U.P. Counsel for Applicant :- Rabindra Bahadur Singh,Udai Chandani Counsel for Opposite Party :- G.A.,Ajay Kumar Pandey

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard Sri Udai Chandani, learned counsel for the applicant, Sri Ajay Kumar Pandey, learned counsel for the informant, learned A.G.A for the State and perused the record.

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Learned counsel for the applicant submits that the applicant is the husband of the deceased and as per prosecution version, the marriage of the sister of the informant was solemnsied with the applicant in the year 2013 and out of the said wedlock one male child was born, since the applicant is inebriate of alcohol, used to beat, harass and torture the deceased on account of which she has committed suicide. Learned counsel for the applicant argued that the marriage of the applicant was solemnised with the deceased in the year 2013 and that there was no complaint whatsoever prior to lodging of the F.I.R. of the instant case. He further submits that the deceased was suffering from thyroid disease, who was under treatment of various doctors, due to said disease, the applicant also took her to Delhi but no relief could be gained by the applicant, thus the deceased had committed suicide. Learned counsel has next argued that there is no ingredients of Section 306 I.P.C. to demonstrate that the applicant has abetted the deceased to commit suicide. It is thus contended that the applicant has been falsely implicated in the present case. Several other submissions in order

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to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 16.10.2021, having no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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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, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Deepak Patel involved in Case Crime No.260 of 2021 under Sections 498A, 323, 504, 306 I.P.C., Police Station Lohata, District Varanasi, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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A. The applicant shall not tamper with the evidence during the trial.

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B. The applicant shall not pressurize/ intimidate the prosecution

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witness.

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C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

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D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected.

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E. 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 them 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 condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

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Order Date :- 27.2.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Deepak Patel v. State of U.P.

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Deepak Patel v. State of U.P.

Case brief

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