Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31521 of 2021 Applicant :- Yashdeep Opposite Party :- State of U.P.
Counsel for Applicant :- Akshaya Kumar Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Facts in brief are that deceased Chanchal Kumar was wedded with Yashdeep on 24.11.2017. On 11.03.2019, a son was born in Sanjeevani Hospital, Kashipur with cesarean operation. On 14.03.2019, she was discharged from the hospital and brought to home where on 22.03.2019 she died due to septicaemia. It is also alleged that husband and members of his family subjected her to harassment for demand of dowry.
It is submitted that the applicant is innocent, he has not committed any offence. He has been falsely implicated in this case by the informant as being the husband of the deceased. It is further submitted that when deceased was pregnant, he provided proper treatment to her from 12.12.2018 to onwards. She was admitted to Sanjeevani Hospital, on 11.03.2019 a male child was born with operation, thereafter, on 14.03.2019 she was discharged from the hospital alongwith alive male baby. The baby is still alive and is living with family of applicant. After operation deceased came in the grip of septicemia and as a result of septic she died on 22.03.2019. Her postmortem was done on 23.03.2019 in which cause of death has been found to be septicmic shock (Septecemia) due to post partum (operative) secondary infection. In this way it cannot be said that the deceased died for unnatural death. General allegation about demand of dowry and harassment has been made in the F.I.R only to make harassment to the applicant and his family members including brother, mother and father. He is in jail since 19.02.2021. A prayer to his arrest was stayed by this Court in Criminal Misc. Writ Petition No. 16094 of 2019 till submission of police report under Section 173(2) Cr.P.C. There is none to look after the new born baby, therefore, requested for bail.
Learned A.G.A. opposed the prayer for bail and submitted that there is allegation of demand of dowry and harassment on applicant though conceded the fact that deceased died as result of septecemia.
Considering the facts and circumstances of the case, nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties 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 Yashdeep involved in Case Crime No. 54 of 2019, under Sections 498A, 304B, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Dilari, District Moradabad, 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 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 17.12.2021 PS