Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29589 of 2021 Applicant :- Khachedu Opposite Party :- State of U.P.
Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.,Rajiv Sisodia
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Khachedu, in Case Crime No. 170 of 2021, under Sections 498A, 304B, 201 IPC and 3/4 Dowry Prohibition Act, Police Station-Naugawan Sadat, District-J.P. Nagar (Amroha).
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 15.05.2021; 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. He is father-in-law of the deceased having no concern with the deceased or alleged dowry demand or cruelty with regard to it; it was a case, wherein, deceased was corona positive in RTPCR report dated 30.4.2021, and she came to her parental house on 10.5.2021 for attending a celebration, from where, she along with her husband, who is languishing in jail, came to the house of the applicant and owing to post Covid effect and complications, she died and under panic of covid protection, she was got cremated in the morning at 4.20 am at Brij Ghat; documents of cremation is there; it was a death owing to covid complications; it was not unnatural death; subsequently, this false case was got registered; moreso husband is languishing in jail; applicant is an old aged father-in- law. Hence, bail has been prayed for.
Learned AGA as well as counsel for the informant has vehemently opposed with this contention that deceased was quite normal; she participated in programme, and then after, she was taken to her nuptial house, where this death was there; last rituals were performed; information was not given; report prior to this occurrence with regard to demand of dowry was there.
Having heard and gone through materials placed on record, 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, Khachedu, 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 :- 29.10.2021 Dhirendra/