Rohit Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

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Neutral Citation No. - 2025:AHC-LKO:34723

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11502 of 2024

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Applicant :- Rohit Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko.

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Counsel for Applicant :- Srees Kumar Srivastava,Alok Srivastava,Amit Tewari,Mohammad Imran Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard Ms. Nirali Sharma, learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.100 of 2024, under Sections 498-A, 304-B I.P.C. and Sections 3/4 of the D.P. Act, P.S. Achalganj, District Unnao.

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In the prosecution case it is alleged that sister of the informant was married on 20.02.2020 to the applicant according to Hindu rites and rituals. It is stated that adequate dowry was given as per the capacity of the complainant, still, the demand of accused persons was not fulfilled and often they used to demand dowry and subjected the deceased to cruelty. It is alleged that on 14.04.2024 at about 11:30 hours Rohit and his mother have murdered his sister and hanged her body in the room.

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Learned counsel for the applicant submits that there are general allegations in the prosecution case and no specific role of applicant has been assigned. Attention of the court has been drawn towards the inquest report where no visible injury has been found except the ligature mark on the neck. In the post mortem report, the cause of death is asphyxia as a result of ante mortem hanging. It is submitted that three simple injuries i.e. contusion and abrasion are not ante mortem injuries and they

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might have come in the process of taking down the dead body.

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It is further submitted that in the statement of the complainant under Section 161 Cr.P.C., the prosecution story in the F.I.R. has been repeated. Again in the entire prosecution case, nowhere it has been stated that soon before her death, the deceased was subjected to demand of dowry except the general allegations.

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Attention of the court has also been invited towards the statement of P.W.1 wherein P.W.1 admitted that prior to marriage, the deceased had also consumed poison once. It is submitted that deceased had a suicidal tendency. It has been argued that a perusal of the statement of P.W.2 shows that deceased was having cordial relations with the applicant and 6- 7 days before the death, she went to Vindhyachal with him. It has been further argued, on the basis of statement of P.W.1, that the applicant while he was in abroad used to give money in the account of the deceased. There is no question of demand of dowry. It is submitted that statements of P.W.1, P.W.2 & P.W.3 have been recorded. He submits that the applicant is in jail since 16.04.2024 without having any criminal history.

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

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 16.04.2024 having no criminal history, general nature of allegations levelled in the prosecution case, statement of P.W.1, P.W.2 & P.W.3 recorded before the trial court and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Rohit be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two

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reliable sureties each in the like amount to the satisfaction of the trial court concerned with the 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 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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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 5.6.2025 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Rohit v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

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Rohit v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

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