Allowed

Rakesh Kumar Pathak Alias Pappu Pathak v. State of U.P. Thru. Its Prin. Secy. Home, Deptt. Govt. of U.P. Civil Sectt. Lko.

Allahabad HC5 Jul 2024/1716/2024

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant, Rakesh Kumar Pathak, in a case under Sections 498-A IPC and 304 IPC. The court found insufficient material to link the applicant to the alleged Murder/Culpable Homicide, particularly noting the dying declaration's precarious recording and statements suggesting the deceased acted indepentently. The applicant was released on personal bonds and two sureties

What did the court decide?

The applicant is released on bail by executing a bond and providing two sureties of Rs. 20,000/- each.

Rakesh Kumar Pathak Alias Pappu Pathak Vs State of U.P… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:45910

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1716 of 2024

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Applicant :- Rakesh Kumar Pathak Alias Pappu Pathak Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home, Deptt. Govt. Of U.P. Civil Sectt. Lko. Counsel for Applicant :- Suresh Singh,Arvind Kumar Verma,Atul Verma Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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The applicant seeks enlargement on bail in FIR/Case Crime No.0547 of 2023, under Section 498-A, 304 IPC, Police Station Nawabganj, District Gonda.

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In terms of the FIR, allegations were levelled that the sister of the informant was married to the applicant and on account of the applicant's illicit relations with his own sister-in-law (wife of the younger brother), a dispute was going on in between the husband and the wife as she used to object to the said relationship and ultimately on 26.11.2023 at about 7.30 am., a dispute occurred as the victim had seen the applicant and his sisterin-law in objectionable position, as such she was burn to death after sprinkling petrol. The deceased was admitted with the burn injuries to the hospital and subsequently she died.

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In the light of the said allegations, learned counsel for the applicant drawn my attention to the report of the Tehsildar wherein he stated that the dying declaration could not be recorded as the condition of the deceased was precarious. He further argued that the daughter of the applicant and the deceased had given a statement which is on record as Annexure No.SA-9 to the supplementary afÏdavit wherein she stated that there was usual tension in between her mother and father on account of suspicion of the mother. She also stated that her mother had burnt herself to death. The admission of the deceased of the hospital demonstrates that the deceased was taken to the hospital by the younger brother of the

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applicant. Two witnesses have given statements that the applicant had also taken to deceased to the hospital. Hence, the applicant who is in jail since 15.12.2023 having no criminal history, hence the applicant may be enlarged on bail.

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Learned A.G.A. opposed the prayer for bail.

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Considering the material available on record and apart from the allegations levelled in the F.I.R., the statements of the daughter of the applicant and the daughter of the deceased, primarily suggest that the deceased had herself sprinkled petrol and died. Apart from that, there is no material on record to link the applicant with the offence in question coupled with the fact that the applicant is in custody since 15.12.2023 having no criminal antecedents, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

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Let the applicant Rakesh Kumar Pathak @ Pappu Pathak be released on bail in the above said first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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 ofÏcer or tamper with the evidence.

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Order Date :- 5.7.2024

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Shukla

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Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Rakesh Kumar Pathak Alias Pappu Pathak v. State of U.P. Thru. Its Prin. Secy. Home, Deptt. Govt. of U.P. Civil Sectt. Lko.

Case brief

What is this about?

What did the court decide?

Rakesh Kumar Pathak Alias Pappu Pathak v. State of U.P. Thru. Its Prin. Secy. Home, Deptt. Govt. of U.P. Civil Sectt. Lko.

Case brief

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