HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 54347 of 2019
Applicant :- Dharmendra Kumar
Opposite Party :- State of U.P.
Counsel for Applicant :- Raj Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon’ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is husband of the deceased. The marriage of the deceased was solemnized with the applicant on 11.2.2018. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased and has not compelled the deceased to commit suicide. There is no direct evidence against the applicant. It has further been submitted that there is general allegation against the applicant. No specific role has been assigned to the applicant. In postmortem report the cause of death of the deceased has been shown asphyxia due to antemortem hanging. Except ligature mark no other injuries have been found on the body of the deceased. The deceased has committed suicide herself due to some other reason. During the trial the statements of five witnesses namely Sri Chandra (father of the deceased), Amit Kumar (brother of the deceased), Savitri Devi (mother of the deceased), Km. Sapna and Km. meenu have been recorded as P.W. 1 to 4 and P.W. 6. In their statements the above witnesses have not supported the prosecution version and have clearly stated that there was no dispute of demand of dowry and they have not made any allegation of demand of dowry against the applicant. There is no cogent evidence against the applicant. The applicant has no concern with the alleged incident. The applicant has falsely been implicated in the present case. There is no criminal history of the applicant and is in jail since 26.9.2018.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Dharmendra Kumar involved in Case Crime No. 588 of 2018, under Sections 498A, 304B, SectionIPC and 3/4 D.P. Act, P.S. Bakewar, District Etawah be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 7.12.2019/A.