Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16309 of 2021 Applicant :- Pawan Kumar Patel Opposite Party :- State of U.P.
Counsel for Applicant :- Arun Kumar Vishvakarma Counsel for Opposite Party :- G.A.,Mukesh Kumar Maurya,Salil Kumar Srivastav,Virendra Kumar
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Pawan Kumar Patel, in connection with Case Crime No. 960 of 2020, under Sections 498-A, 323, 504, 506, 377 IPC and Section 3/4 D.P. Act, Police Station - Nawabganj, District - Allahabad.
Heard learned Counsel for the applicant, Mr. Virendra Kumar, learned Counsel for the complainant and Mr. R.K. Srivastava, learned A.G.A. appearing for the State.
It is submitted by learned Counsel for the applicant that he has been implicated in the present crime on account of the parties' matrimonial relationship turning sour. It is pointed out that the medico-legal report from the District Women Hospital, Prayagraj dated 11.11.2020 does not corroborate with the allegations. There is no credible evidence to indicate demand of dowry or perpetration of any of the offences charged, which has been brought to spite the applicant and his family. It is pointed out that the applicant has no criminal history and is in jail in connection with the present crime.
The learned Counsel for the complainant and the A.G.A. has opposed the prayer for bail with much vehemence.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the present case has been brought on account of soured matrimonial relationship between parties, the fact that there is no medico-legal evidence to prima facie show violence, and the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant - Pawan Kumar Patel be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall appear on the date fixed by the Trial Court.
(iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
(v) 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 such person from disclosing facts to the Court or to any Police Officer or tamper with the evidence.
(vi) The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of the order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned 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 case of default of any of the condition(s) enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will, in no way, be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 7.4.2021 I. Batabyal