HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 43406 of 2019
Applicant :- Pawan Kumar Pandey
Opposite Party :- State of U.P.
Counsel for Applicant :- Vivek Prasad Mathur
Counsel for Opposite Party :- G.A.
Hon’ble Arvind Kumar Mishra-I,J.
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.
Crux contention raised on behalf of the applicant has been confined to the extent that the applicant happens to be unmarried brother-in-law of the deceased and he had no occasion to indulge in committing the crime as alleged in the first information report. No specific role has been assigned to the applicant. Fact is that the deceased caught fire while she was cooking food as is very much evidenced by admission slip of the hospital concerned, papers whereof is at page 32 of the bail application.
It is noticeable that the deceased was brought to the hospital by her own father, husband and mother-in-law whereupon the doctor himself has noted that cause of death was burn at the time of cooking food. The applicant had no motive to commit the offence in question. The applicant was away from home at the time of occurrence as he was a tempo driver. 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 criminal history and is languishing in jail since 17.07.2019.
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 Pawan Kumar Pandey involved in Case Crime No.59 of 2019, under Sections 498A, Section304B I.P.C. and 3/4 SectionDowry Prohibition Act, Police Station Chilhiya, District Siddharth 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 :- 1.11.2019