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Mahesh Kumar Agarwal vs State Of U.P. on 16 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 28235 of 2019

Applicant :- Mahesh Kumar Agarwal

Opposite Party :- State Of U.P.

Counsel for Applicant :- Ashwini Kumar Awasthi,Atharva Dixit,Mr. Manish Tiwary,Senior Adv.

Counsel for Opposite Party :- G.A.

Hon’ble Arvind Kumar Mishra-I,J.

Supplementary affidavit filed on behalf of the applicant is taken on record.

Sri Prashant Kumar Singh, Advocate has filed memo of appearance on behalf of the complainant, the same is taken on record.

Heard Sri Manish Tiwary, learned Senior Advocate assisted by Sri Ashwini Kumar Awasthi and Sri Atharva Dixit learned counsel for the applicant, Sri Prashant Kumar Singh, learned counsel for the complainant, learned A.G.A. for the State of U.P and perused the material available on record.

Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. General and vague allegations have been made against the applicant. He happens to be father-in-law of the deceased. No doubt that in this case the deceased died within three months of the marriage but it appears that the girl/daughter-in-law of the applicant was somehow not satisfied with the marriage and some frustration over powered her, due to which she on her own committed suicide. Except ligature mark, there is no other external injury perceptible on the body of the deceased. The applicant belongs to a well off family and there was no point in raising any demand of dowry. Once the F.I.R. was lodged, two-three co-accused including the wife of the applicant were left out and the charge-sheet has not been filed against them and the charge-sheet has been filed only against the husband of the deceased and the present applicant. Copy of charge-sheet has been brought on record by filing supplementary affidavit. His position is very much distinguishable from that of the husband of the deceased. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 3.5.2019.

Per contra, Sri Prashant Kumar Singh, learned counsel for the complainant has submitted that in this case specific demand of dowry and cruelty being perpetrated by the applicant and other family members and his connivances have been specifically averred in the first information report and the death occurred soon after the marriage within seven years. There is presumption of causing dowry death against the applicant.

Learned A.G.A. has adopted contention of the learned counsel for the informant.

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 – Mahesh Kumar Agarwal involved in Case Crime No. 57 of 2019, under Sections – 498A, 304B SectionI.P.C. and Section 3/Section4 Dowry Prohibition Act, Police Station – Pheelkhana, District – Kanpur Nagar 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 :- 16.7.2019

S Rawat

 

 

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