Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39363 of 2020 Applicant :- Lovkush Upadhayay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.,Ajay Kumar Mishra,Hari Om Sharan Tiwari,Sanjay Shukla
Hon'ble Om Prakash-VII,J.
Exemption application is allowed.
List revised. None present for the informant.
Heard Sushri Swati Agrawal Srivastava, 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 been falsely implicated in the present case. He has not committed the present offence. None of the ingredients of the offence under Section 304-B IPC are available in the present matter. No specific detail of the demand said to have been made on part of the applicant from the deceased or her family members have been made clear in the F.I.R.. At this juncture, learned counsel for the applicant referred to the contents of the F.I.R. and further argued that it was an accidental burn injury case. Applicant himself tried to save the deceased and he also sustained burn injuries in saving the deceased. Deceased was taken to the hospital with the aid of family members. Applicant was present at the time of inquest. This fact itself shows the innocency on part of the applicant. The applicant has no criminal history. He is languishing in jail since 19.05.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
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 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 Lovkush Upadhayay involved in Case Crime No. 184 of 2020, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, P.S. Phoolpur, District - Prayagraj 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.
4. 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.
5. 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 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 :- 5.4.2021 Sanjeet Digitally signed by Justice Om Prakash Date: 2021.04.05 15:07:45 IST Reason: Document Owner Location: High Court of Judicature at Allahabad