Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10917 of 2020 Applicant :- Nandkishor Lodhi @ Nandu Opposite Party :- State of U.P.
Counsel for Applicant :- Devesh Kumar Gupta,Ram Awadh Mishra,Vipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard Sri Devesh Kumar Gupta, learned counsel for the applicant over bail application moved by applicant, Nandkishor Lodhi @ Nandu, in Case Crime No. 07 of 2020, under Sections 498A, 304B IPC and 3/4 Dowry Prohibition Act, Police Station-Ghazipur, District-Fatehpur.
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 10.1.2020; 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; it was a death owing to ante mortem hanging by bolting door from inside by deceased herself; instantly matter was reported at police station by the applicant himself; G.D. entry of this information is at page-13 of paper book; criminal machinery was put in motion upon this information; inquest proceeding and thereafter autopsy examination was got conducted; in inquest proceeding it has specifically been mentioned that door was closed from inside and it was got broken for getting dead body, which was having no other injury except ligature mark of ante mortem hanging in autopsy examination report too; informant and other witnesses had given affidavit before Superintendent of Police, Fatehpur mentioning therein that it was a false report got lodged; neither any demand of dowry was ever made nor any cruelty was there; subsequent, statement was changed by way of affidavit that applicant used to demand of dowry at sometime but no specific date, time and demand is there; it was a suicide by the deceased upon her own volition by bolting door from inside with no demand of dowry or cruelty at any point of time. 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 though in the place of occurrence, door was closed from inside and it was a case of suicide.
Having heard and gone through materials placed on record, it is apparent that the deceased was with no other ante mortem injury except mark of ligature of ante mortem hanging and this hanging was by the deceased herself after bolting door from inside; it was got broken; information of this incident was instantly given by the applicant to the police.
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, Nandkishor Lodhi @ Nandu, 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 :- 16.8.2021 Dhirendra/