HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 19256 of 2019
Applicant :- Pramod Kumar
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Pandey
Counsel for Opposite Party :- G.A.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the marriage of the deceased with the applicant took place about one and half years prior to the incident dated 10.07.2018. Prior to her death deceased gave birth to a dead child and she was under depression. The document regarding her physical health have been brought on record which shows that she was in poor physical health. The deceased was under depression and she consumed poison and the information of her death was given by the applicant to her parents and in the inquest report their presence has been noted. However, subsequently the first information report was lodged by the father of the deceased. In the inquest report, it has been mentioned that she died due to illness and there is no mention of any demand of dowry. The applicant is in jail since 07.09.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Pramod Kumar, be released on bail in Case Crime No. 257 of 2018, under Sections- 498A, 304B SectionI.P.C. and 3/4 SectionDowry Prohibition Act, Police Station- Sarai Akil, District- Kaushambi, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.7.2019