HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 35775 of 2019
Applicant :- Alok Kumar Gupta
Opposite Party :- State Of U.P.
Counsel for Applicant :- Prakash Chandra Srivastava
Counsel for Opposite Party :- G.A.
Hon’ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, the applicant happens to be the husband of the deceased (Smt. Poonam) and the deceased herself has exonerated the husband and has certified his innocence in her dying declarations recorded twice by none other than the competent Magistrate- Additional City Magistrate, District- Gorakhpur and District- Lucknow, copies whereof have been placed on record vide Annexure No.5 to the affidavit filed in support of this bail application. As per dying declarations, the accusation is direct and straight on the mother-in-law (Krishnawati) that because of quarrel with her, the deceased of her own poured kerosene oil upon her and committed suicide. Under these circumstances, the presumption under Section 113B of the Indian Evidence Act, 1872 regarding dowry death being caused by the applicant stands repelled. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 12.4.2019 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Alok Kumar Gupta involved in case crime no.75 of 2019, under Sections 498A, Section304-B IPC and Section 3/Section4 of Dowry Prohibition Act, Police Station Rajghat, district Gorakhpur 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.
It is made clear that advantage of this bail order will not go to Krishnawati (mother-in-law) and Ajay Kumar Gupta (Nandoi).
Order Date :- 13.9.2019
Raj
