Adesh Srivastava vs State Of U.P.
2019 Latest Caselaw 2369 ALL

Citation : 2019 Latest Caselaw 2369 ALL
Judgement Date : 2 April, 2019

Allahabad High Court

Adesh Srivastava vs State Of U.P. on 2 April, 2019

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13628 of 2019
 

 
Applicant :- Adesh Srivastava
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ashok Kumar Mishra,Vijay Prakash Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that applicant is husband of the deceased. The marriage of the applicant was solemnized with the deceased about 8 years ago from the date of alleged incident. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased and has not compelled the deceased to commit suicide. There is no cogent evidence of abatement. In fact, the deceased had no issue due to that reason she was suffering from mental agony and had committed suicide. In postmortem report the cause of death of the deceased has been shown asphyxia due to ante mortem hanging. At the time of postmortem no other injury has been found on the body of the deceased except ligature mark. False allegation has been made against the applicant. The applicant has not committed the alleged offence. He has falsely been implicated in the present case. The applicant has no criminal history and is in jail since 9.5.2018.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Adesh Srivastava involved in Case Crime No. 161 of 2018, under section 306 IPC, P.S. Kant, District Shahjahanpur be released on bail on his furnishing a personal bond with 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 evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall 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 :- 2.4.2019

Masarrat