Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19511 of 2020 Applicant :- Ramgahan Rajbhar Opposite Party :- State of U.P.
Counsel for Applicant :- Pramod Kumar Singh,Anjali Counsel for Opposite Party :- G.A.,Anand Priya Singh
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Ramgahan Rajbhar in Case Crime No. 317 of 2018, under Sections 498A, 304B IPC and 3/4 D.P. Act, Police Station-Haldharpur, District- Mau.
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 4.6.2019; 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 death owing to electrocution of the deceased; applicant being at Karnataka was of no concern with this occurrence; marriage was of more than seven years of period as has been said by the informant in her testimony that marriage was performed in the month of March, 2011; in between no report of any demand or cruelty was ever made by the informant or any by his family members; this untoward incident was reported instantly by mother of the accused at police station; inquest proceeding was got conducted; autopsy was got conducted, no other injury except three electrocutions and one contusion caused because of it is there; applicant is languishing since long i.e. more than two years. Hence, bail has been prayed for.
Learned AGA and learned counsel for the informant have vehemently opposed with this contention that the applicant being husband was at his home when this occurrence took place and reasons said for this electrocution was not supported by medical status, digested food found in the stomach.
Having heard and gone through materials placed on record, it is apparent that occurrence was reported on 25.12.2018 and it was of 12.5.2018 i.e. it was reported by way of an application moved under Section 156(3) Cr.P.C., marriage was said to be of 2.6.2011 and occurrence took place on 12.5.2018 i.e. less than one month of seven years, no other instance of any specific date of demand of dowry or cruelty was ever reported; in testimony informant has said marriage of March, 2011; injuries found over the person is of electrocution.
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, Ramgahan Rajbhar, 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 :- 30.7.2021 Dhirendra/