Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7819 of 2018 Applicant :- Manish Agrahari Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Kumar Vaishya Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Sri Satyendra Narayan Singh, learned counsel for the applicant has filed his vakalatnama on behalf of the applicant in the court today, the same is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant Manish Agrahari, who is involved in Case Crime No. 593 of 2017, under Sections 498A, 302 IPC and Section 3/4 Dowry Prohibition Act, Police Station - Robertsganj, District - Sonbhadra.
As per prosecution version, Smt. Poonam (deceased), daughter of informant Ganesh Prasad Agrahari was married to Manoj Agrahari in the year 2007. After marriage, the applicant along with other co-accused started demanding dowry and committed cruelty on her. In the afternoon of 04.10.2017, the applicant along with other co-accused murdered Smt. Poonam.
Learned counsel for the informant submitted that there are five injuries on the person of the deceased. The deceased died due to asphyxia as a result of strangulation. The applicant lives in the same house and that of the deceased, he could not explain the death of deceased Smt. Poonam.
Learned counsel for the applicant contended that there is no eye witness of the alleged occurrence. The applicant is the younger brother of Manoj Agrahari, husband of the deceased. He was the brother-in-law (devar) of the deceased. He lives separately from his brother. No specific role of demand of dowry has been assigned to the applicant.
Per contra, learned A.G.A. has opposed the prayer for bail. The applicant is the brother-in-law (devar) of the deceased.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Manish Agrahari be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed. Order Date :- 27.2.2018 I. Batabyal