Heard Sri Panchu Ram Maurya, 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. It is further argued that the applicant is the husband of the deceased. Cause of the death of the deceased is ante motem burn injuries. She died during treatment after a gap of about three days. No dying declaration has been recorded in the matter. Incident took place on 10.11.2019. Marriage of the deceased with the applicant was solemnised way back four and half years. It is further argued that the applicant had admitted the deceased in the hospital. Thus, this fact itself shows the bonafide conduct of the applicant. It is also argued that applicant has never raised any demand of additional dowry nor caused cruelty or harassment in lieu of the said demand. Referring to the supplementary affidavit it was further argued that deceased's father and mother both were examined during trial. Although father has supported the prosecution case in the examination in chief but in cross examination he has made entirely contradictory statement. Referring to the statement of the P.W.-2, mother of the deceased, it was also argued that she has not supported the prosecution case in toto. Thus, referring to the entire evidence available in the matter it was further argued that no prima facie case is made out against the applicant. He is in jail since 05.12.2019 having no criminal history. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the bail and argued that father of the deceased during examination in chief before the trial court has supported the prosecution case.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, complicity of the accused, scrutinizing the facts mentioned in the FIR, statement of witnesses recorded under Section 161 Cr.P.C. 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 Ramanand Kushwaha involved in Case Crime No. 157 of 2019, under Sections 498-A, 304-B I.P.C. and Section 3/ 4 D. P. Act, P.S. Madawra, District Lalitpur 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 the 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.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Submissions and observations recorded in the matter are only for the purposes of disposal of bail application. Trial Court will not be influenced with the aforesaid observations and submissions while deciding the trial.
Order Date :- 27.8.2021 Sachdeva