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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. – 2024:AHC-LKO:3386
Court No. – 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 7945 of 2023
Applicant :- Sunil
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko.
Counsel for Applicant :- Farooq Ayoob
Counsel for Opposite Party :- G.A.
Hon’ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2. In terms of the F.I.R., it was alleged that the sister of the informant was married with the applicant in the year 2017, however after five years of marriage, it was informed that she had committed suicide.
3. The counsel for the applicant draws my attention to the post mortem report, which does not indicate any injury over the body of the victim and the cause of death recorded as ante mortem hanging. It is argued that the applicant has no criminal history and is in custody since 21.05.2022. He further argued that not even one witness has been examined so far in view of he questionnaire produced before this Court today, which is taken on record.
4. Learned A.G.A. opposed the bail prayer.
5. Considering the fact that prima facie there is no material on record to suggest that soon before the death, the victim was subjected to any mental or physical torture in relation to demand of dowry coupled with the fact that the applicant has no criminal history and he is in custody since 21.05.2022 and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.
6. Let the applicant Sunil be released on bail in FIR/ Case Crime No. 128 of 2022, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, Police Station Badosarai, District Barabanki, on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 11.1.2024
Arun