Allahabad High Court
Mahaveer vs State Of U.P. on 4 November, 2022
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49346 of 2022
Applicant :- Mahaveer
Opposite Party :- State of U.P.
Counsel for Applicant :- Satyendra Narayan Singh,Pankaj Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, the learned A.G.A. and perused the record.
This is a bail application on behalf of the applicant in connection with Case Crime No.306 of 2021, under Sections 498A, 304B IPC and 3/4 D.P. Act, Police Station Ekdil, district Etawah.
The first information report of this incident was lodged by the informant against the present accused Mahaveer and other co-accused who are family members of the present accused Mahaveer and it was alleged that the present accused caused the death of the deceased Salooni Devi when the alleged additional demand of dowry was not fulfilled.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. Learned counsel for the applicant has submitted that the present applicant is husband of the deceased and there is no doubt that the deceased has died within seven years of marriage but the deceased had died her natural death as no cause of death was ascertained when the post-mortem of the deceased was conducted and no injury was found on the person of the deceased. Learned counsel for the applicant has further submitted that the viscera was preserved in this matter and viscera report which is annexed at page-59 of the paper book and the viscera report shows that no poison was administered to the deceased. He submitted that the applicant is languishing in jail since 06.06.2022, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has vehemently opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore he does not deserve any indulgence. In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram vs. State of U.P. and others, 2018 (3) SCC 2, and recent judgment dated 11.7.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.BI. passed in S.L.P. (Crl.) No.5191 of 2021, and considering the fact that the case of the applicant is similar to that of co-accused who has been granted bail, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Mahaveer involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 4.11.2022
AU
