Mohan Rawat Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2025:AHC-LKO:22423

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6132 of 2024

Applicant :- Mohan Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ram Saran Awasthi,Abhishek Awasthi

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Counsel for Opposite Party :- G.A.,Dinesh Kumar Ayra,Ravi Kumar Dwivedi

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri R.S. Awasthi, learned counsel for the applicant, Sri Mohd. Asif Khan, learned Additional Government Advocate-I for the State, Sri Ravi Kumar Dwivedi, the learned counsel for the informant and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.0062 of 2024, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Subeha, District Barabanki.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.03.2024 against the applicant, his father, mother and sister stating that the informant had got his sister aged about 20 years married to the applicant on 30.05.2023. All the accused persons used to harass her for demanding dowry and they killed her on 06.03.2024.

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The postmortem examination report mentions a ligature mark around the neck of the deceased passing obliquely upward which was interrupted by 2cm. on left side of neck. The cause of death has been opined to be asphyxia due to ante mortem hanging. Besides the ligature mark there was no other injury on

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the dead body.

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In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

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The State has filed a counter affidavit annexing therewith copies of material collected during investigation and copy of charge sheet.

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Two supplementary affidavits have been filed on behalf of the applicant annexing therewith copies of statements of 6 prosecution witnesses recorded by the trial court.

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The learned counsel for the applicant has submitted that at the time of incident the applicant was at Ahmedabad and he was not present on the spot of incident and none of the prosecution witnesses have stated about his presence at the time of incident. The applicant's father and mother have already been granted bail by this court and copies of their bail orders have been brought on record along with the supplementary affidavit.

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The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that none of the prosecution witnesses have stated about the applicant's presence at the time and spot of occurrence; that two co-accused persons have already been granted bail by this court; that the statements of six prosecution witnesses having already been recorded, in case of his release the applicant will not be in a position to influence the witnesses; that the applicant has no previous criminal history and he is languishing in jail since 21.03.2024

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and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant-Mohan Rawat be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

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(Subhash Vidyarthi, J.)

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Order Date :- 21.4.2025 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Mohan Rawat v. State of U.P. Thru. Prin. Secy. Home Lko.

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Mohan Rawat v. State of U.P. Thru. Prin. Secy. Home Lko.

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