Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27525 of 2021 Applicant :- Awadhesh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjeev Kumar Pandey
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Awadhesh Kumar, in Case Crime No. 20 of 2018, under Sections- 498-A, 304-B I.P.C. & 3/4 of D.P. Act, P.S. Patiyali, District- Kasganj.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 23.3.2018; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; marriage was of six years standing but at no point of time, any complaint with regard to demand of dowry or cruelty was ever raised; PW- 1 informant and other witnesses of fact have not supported case of prosecution before trial court; they have denied accusation; even demand of dowry or cruelty with regard to it, has been denied. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent.
Having heard learned counsels for both sides and gone through materials placed on record, it is apparent that there is no antemortem injury except mark of ligature of antemortem hanging; marriage was of more than six years standing; informant and other witnesses of fact have not supported case of prosecution.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Awadhesh Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 25.10.2021 Kamarjahan Digitally signed by RAM KRISHNA GAUTAM Date: 2021.10.26 09:50:29 IST Reason: Document Owner Location: High Court of Judicature at Allahabad