In a bail application under Sections 498A and 306 IPC, the court allowed the prayer, finding prima facie evidence of abetment missing and relying on Mariano Bruno to release the applicant on personal bonds and sureties.
Applicant released on bail with personal bond and two sureties of Rs. 20,000/- each.
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Neutral Citation No. - 2024:AHC-LKO:56706
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8788 of 2024
Applicant :- Rahul Kumar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Madhulika Yadav,Devendra Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and Sri Arvind Kumar Tiwari, who has filed Vakalatnama on behalf of the complainant and perused the record. The Vakalatnama is taken on record.
2 . The applicant seeks enlargement on bail in FIR No.306 of 2023, under Sections 498A, 306 of IPC, Police Station Jarwal Road, District Bahraich.
3 . In terms of the FIR, it was alleged that the daughter of the informant was married to the applicant around 6 years ago, however, the daughter was harassed for dowry. It was also stated that on 16.11.2023, the daughter was administered some poisonous substance which resulted into unwell. Thereafter, she was admitted to the hospital where she was died.
4 . In the light of the aforesaid, the Counsel for the applicant argues that at the time of the inquest, the father of the deceased was present. In terms of the postmortem report, the cause of death could not ascertained and the viscera was preserved for chemical analysis. As per the FSL report, the aluminium phosphide poison was found. The Counsel for the applicant further draws my attention to the injury report, which shows no injury on the body of the deceased.
5. Learned A.G.A. vehemently opposed the bail prayer.
6. Considering the material on record, prima facie , the material to suggest abetment at the instance of the applicant, who is the husband of the deceased, as defined under Section 107 of IPC is primarily missing and considering the law as explained in the case of Mariano Anto Bruno and another vs Inspector of Police; 2022 SCC OnLine SC 1387 coupled with the fact that the applicant is languishing in jail since 14.07.2024, I am of the
view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .
7. Let the applicant Rahul Kumar Yadav be released on bail in the abovesaid 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:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(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 officer or tamper with the evidence.
Order Date :- 21.8.2024 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to bail considering the lack of prima facie evidence of abetment under Section 107 of IPC.
Whether the FSL report finding aluminium phosphide poison without injuries impacts the bail decision.
Colour shows how this judgement treated each authority
Mariano Anto Bruno and another vs Inspector of PoliceFollowed¶6
Mariano Anto Bruno and another vs Inspector of Police; 2022 SCC OnLine SC 1387 · Who else cites this
2 provisions across 1 enactments
Rahul Kumar Yadav
State Of U.P.
Pankaj Bhatia
Ashok Kumar Verma
As recorded by the court registry
2 orders share this CNR
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