Allahabad High Court
Adarsh Verma vs State Of U.P. on 6 September, 2017
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37788 of 2016
Applicant :- Adarsh Verma
Opposite Party :- State Of U.P.
Counsel for Applicant :- Prakash Chandra Srivastav
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of applicant be taken on record.
This is second bail application of the applicant. The first bail application of the applicant was rejected on merit by this court vide order dated 6.4.2016.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the marriage of applicant was solemnized with the deceased about four days ago from the date of alleged incident. In fact, the marriage of deceased was solemnized with the applicant against her will. The deceased was not happy with her marriage with applicant. In post-mortem report, the cause of death of deceased has been shown asphyxia caused by ante mortem injuries on her neck. The hyoid bone of deceased was intact. With regard to death of deceased the report of Forensic Science Laboratory of U.P. was also called for. In that report dated 21.3.2017, it has been mentioned that the liquified uterus with clot in lumen of the uterus confirms gravity which shows that at the time of her marriage the deceased was pregnant. It has further been submitted that in the report of Forensic Science Laboratory U.P. dated 21.3.2017, the cause of death of deceased has been shown hanging. In fact, the deceased was not satisfied with her marriage due to which she committed suicide within four days of her marriage. The applicant has not committed the alleged offence. He has falsely been implicated in this case. The applicant is in jail since 15.11.2015.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Adarsh Verma involved in Case Crime No. 37 of 2015, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Sidhari District Azamgarh be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 6.9.2017/Gss
