HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 13710 of 2019
Applicant :- Avnish Kumar Gupta @ Annu Gupta
Opposite Party :- State of U.P.
Counsel for Applicant :- Mewa Lal Shukla,Manoj Kumar Gupta
Counsel for Opposite Party :- G.A.
Hon’ble Raj Beer Singh,J.
The present bail application has been filed by the applicant in Case Crime No.395 of 2018, under Sections 498A, 304B of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Tejganj, District Agra (Session Trial No. 394/2018) with the prayer to enlarge the applicant on bail.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that applicant is innocent and he has been falsely implicated in the present case. Marriage of deceased with applicant has taken place about six and a half year prior to the incident and it was a love marriage and thus, there is no question of any demand of dowry. It was submitted that after marriage, applicant and deceased have filed a petition before the High Court for quashing of FIR, lodged by family members of deceased against the applicant regarding kidnapping of deceased and that FIR was quashed by the High Court. In post-mortem report, no injury has been found on the person of the deceased and that cause of death has been shown asphyxia as a result of ante mortem hanging. It was submitted that there is no evidence that deceased was subjected cruelty on account of dowry or any demand of dowry was made. In FIR, parents of applicant were also named but during investigation, their involvement has not been found and thus, they were not charge sheeted. Regarding criminal history of the applicant, it was stated that out of five cases, in two cases under Section 3/7 of Essential Commodities Act and one case under Section 420, 467, 468, 471 of IPC applicant is on bail, in one case under Section 354A, 354B, 342, 506 of IPC final report has been submitted and one case has been quashed by the High Court. It was submitted that applicant is languishing in jail since 20.04.2018 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and argued that deceased has suffered unnatural death within seven years of her marriage at her matrimonial home and that there are allegations against applicant that he used to harass the deceased on account of dowry.
Considering the submissions of learned counsel for the parties, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Avnish Kumar Gupta @ Annu Gupta involved in aforesaid case 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:
1. The applicant will not tamper with the evidence during the trial.
2.The applicant will not pressurize/ intimidate complainant or any prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted by court.
4.The applicant will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
Order Date :- 7.2.2020