HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 43410 of 2019
Applicant :- Akhilesh Mishra
Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjeev Kumar Singh
Counsel for Opposite Party :- G.A.
Hon’ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicant has filed supplementary affidavit, the same is taken on record.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Upon various consideration made in the accompanying affidavit claiming innocence, it transpires that the death in question cannot be said to be dowry death in the sense as to attract ingredients of Section – 304-B SectionI.P.C. Applicant is brother-in-law of the deceased. He had no occasion ever to have indulged in committing any dowry death. The death in question itself is accidental and is very much evidenced by the attendant facts and circumstances of the case. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no previous criminal history and is languishing in jail since 12.9.2019.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant – Akhilesh Mishra involved in Case Crime No. 182 of 2013, under Sections – 498A, 304-B SectionI.P.C. 3/4 D.P. Act, Police Station – Barwapatti, District – Kushinagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 19.10.2019