Rahul Sharma vs State of U.P.

Neutral Citation No. - 2025:AHC:79763

Court No. - 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7849 of 2025

Applicant :- Rahul Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant-accused, learned A.G.A. for the State and perused the record.

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The present second bail application has been filed by the applicant-accused in Case Crime No. 619 of 2023, under Sections 498-A, 304-B, 504 I.P.C. and Sections 3/4 of D.P. Act, Police Station - Khorabar, District - Gorakhpur with the prayer to enlarge the applicant-accused on bail. The first bail application of applicant was rejected by this Court vide order dated 30.04.2024.

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It is submitted by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. Applicant is husband of deceased. The marriage of deceased with applicant has taken place about three years prior to the incident. It was a love marriage between them. Learned counsel submitted that allegations of dowry demand and harassment of deceased levelled against applicant are wholly false. At the time of incident, the deceased was residing at the house of her uncle. It is further submitted that in fact as the deceased has performed love marriage with the applicant and due to that reason she was harassed by her parental family and she has committed suicide due to that reason. In post mortem report, except ligature mark, no other injury has been shown on the body of deceased and cause of death is ante mortem hanging. At the time of incident, the

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applicant was in Maharashtra, where he was working and deceased has committed suicide at the house of her uncle. It is further submitted that first bail application of applicant was rejected by this Court vide order dated 30.04.2024 but no progress has been made in the trial so far. No prosecution witness has been examined before the trial court so far and thus, trial of the case is likely to take sufficient long time whereas the applicant is in jail since 13.09.2023. It was stated that the applicant has no criminal history and in case the applicant is granted bail, he shall not misuse the liberty of bail and will co-operate during trial.

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Learned A.G.A. has opposed the prayer for bail and submitted that the first bail application of applicant has already been rejected on merits and that the deceased has suffered death due to hanging within a period of three years of her marriage.

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Considering the submissions of learned counsel for the parties and all attending facts, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed .

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Let the applicant-accused - Rahul Sharma, involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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(i) The applicant-accused shall not tamper with the evidence during the trial.

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(ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness.

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(iii) The applicant-accused shall appear before the trial court on the

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date fixed, unless personal presence is exempted.

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

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(v) The applicant-accused 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 Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law.

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Order Date :- 14.5.2025 Rama Kant

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Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad

Rahul Sharma v. State of U.P.

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Rahul Sharma v. State of U.P.

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