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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 11765 of 2021
Applicant :- Pramod Kumar
Opposite Party :- State of U.P.
Counsel for Applicant :- Shiv Sharan Tripathi,Durgesh Kumar Tiwari
Counsel for Opposite Party :- G.A.
Hon’ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 239/2020, under Sections 498A, 304B, 323 IPC and Section 3/4 D.P. Act, police station Gangiri, District Aligarh with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is husband of deceased and he has been falsely implicated in this case. It was submitted that the marriage of applicant with deceased was solemnized on 07.07.2014 and during 5-6 years of matrimonial life, no complaint was made against the applicant regarding any dowry demand and harassment of deceased. It was further submitted that besides the applicant, his mother, brothers and sister-in-law were also named in the F.I.R. and that only only general allegations of dowry demand and harassment have been levelled against the applicant and co-accused persons and that no specific role has been assigned to the applicant. It was also submitted that the cause of death of deceased is ante-mortem hanging and there was no external injury, which shows that deceased has committed suicide. Learned counsel has submitted that at the time of alleged incident, applicant was not present at the spot. It has been submitted that in fact the deceased was unable to conceive and being under depression, she has committed suicide. It has further been argued that the applicant is in judicial custody since 06.12.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, 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 a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Pramod Kumar involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 23.7.2021
Anand