Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7312 of 2021 Applicant :- Laxmikant Mishra Opposite Party :- State of U.P.
Counsel for Applicant :- Avanindra Kumar Mishra,Vijendra Kumar Mishra Counsel for Opposite Party :- G.A.,Virendra Singh Patel
Hon'ble Om Prakash-VII,J.
Crl. Misc. Exemption Application No.1 of 2021 is allowed. None present for the informant in the revised call.
Heard Sri I.K. Chaturvedi, learned senior advocate assisted by Sri V.K. Mishra, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He has been falsely implicated in this case. Offences levelled in the matter are not attracted against the applicant. He is the husband of the deceased. A child born out from the wedlock of the deceased and the applicant is still alive. Deceased was immediately taken to the hospital for treatment by the applicant. Referring to the postmortem report, it is further submitted that cause of death of the deceased was due to anaemia. This fact itself shows that deceased died due to excessive bleeding. Referring to the contents of the affidavit annexed with the bail application, it is further argued that at no point of time, any sort of additional demand of dowry was made nor any cruelty, torture or harassment was made in lieu of the said demand. It is further submitted that the informant himself has mentioned in the F.I.R. that the deceased was taken to the hospital for treatment by the applicant. Had the offence been committed by the applicant, why he would have taken the deceased to hospital for treatment. It is next submitted that the F.I.R. was lodged belatedly, but no plausible explanation has been given regarding the delay. It is further argued that parents of the deceased were present at the time of inquest of the dead body of the deceased, but no complaint was made. Therefore, after postmortem, cremation of the dead body was done. Referring to the aforesaid facts and circumstances of the case and documents annexed with the bail application, it is submitted that the applicant is languishing in jail since 23.9.2020 having no criminal antecedents. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail and argued that a prima facie case is made out against the applicant. Deceased was done to death within seven years of her marriage. At this stage, learned A.G.A. has referred to the contents of the F.I.R. and postmortem report and further argued that all the ingredients of the offence under section 304- B IPC is available in the matter.
I have considered the rival contentions raised by learned counsel for the parties and have gone through the record.
In this matter, as is evident from the record, parents of the deceased were present at the time of inquest. F.I.R. was lodged on 9.8.2020 whereas offence is said to have been committed on 19.7.2020. Cause of death of the deceased is anaemia due to excessive bleeding.
Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Laxmikant Mishra involved in Case Crime No.88 of 2020 under Sections 498-A, 304-B, 313 IPC and 3/4 Dowry Prohibition Act, Police Station Bhimpura, District - Ballia be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
4. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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.
Order Date :- 25.10.2021 ss