HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 7441 of 2019
Applicant :- Santosh Kumar Yadav
Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Ojha,Jay Prakash Mishra,Sanjeev Kumar Asthana
Counsel for Opposite Party :- G.A.,Devendra Kumar Shukla
Hon’ble Raj Beer Singh,J.
Rejoinder affidavit filed by learned counsel for the applicant, is taken on record.
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. 106 of 2018, under Sections 498A, 323, 304B IPC and Section 3/4 D.P. Act, P.S. Jalalpur, District Jaunpur with the prayer to enlarge the applicant on bail.
It has been argued by the learned counsel for the applicant that marriage of applicant with deceased was solemnized about three years prior of incident and they were blessed with a child and during that period of three years no complaint was made regarding any dowry demand or harassment. It was submitted that deceased was suffering from chronic liver disease and she was continuously under treatment in Apex Hospital and in this regard, copies of medical documents have been annexed along with present applicant. It was further pointed out that on 06.05.2018, she was found detected suffering from ‘retroverted uterus’ liver disease, copy of which has been annexed along with bail application. Learned counsel submitted that due to these continuous ailments, deceased came under acute depression and consequently she committed suicide. In postmortem report, cause of death has been shown asphyxia as a result of ante mortem hanging and that except ligature mark, deceased has not sustained any injury whatsoever. It has been further submitted that father of applicant was earlier granted bail in this case but after that due to shock, he has been passed away and applicant is only son of his father and there is no other family members to look after mother of applicant and that the applicant is languishing in jail since 30.05.2018 and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail and argued that there are allegations against the applicant that after marriage he and his family members used to demand motorcycle in dowry and that they used to harass the deceased. It was stated that deceased has suffered unnatural death at her matrimonial home within a period of about three years of her marriage.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations and period of custody, gravity of offence 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 it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Santosh Kumar Yadav 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 shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
Order Date :- 28.2.2020