Allahabad High Court
Ram Prakash And Another vs State Of U.P. on 27 January, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38524 of 2022
Applicant :- Ram Prakash And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Satsangi,Abhilasha Singh,Ashutosh Yadav,Shyam Lal
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Ms. Abhilasha Singh, learned counsel for the applicants as well as Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the record.
3. Applicants seek bail in Case Crime No. 142 of 2022, under Sections 498-A, 304-B, 323 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Dhanari, District Sambhal, during the pendency of trial.
4. As per prosecution story, the applicant no.1 and applicant no.2 who are father-in-law and mother-in-law of the deceased person, respectively, along with co-accused person Pawan, who happens to be the husband of the deceased and other family members are stated to have subjected the daughter of the informant to cruelty for demand of dowry, and thereby, are stated to have caused her death on 1.6.2022.
5. Learned counsel for the applicants has stated that the applicants are absolutely innocent and have been falsely implicated in the present case. They have nothing to do with the said offence as such on the date of incident they were far away attending a marriage in the family of in-laws of their daughter. Learned counsel has stated that applicants live separately to the husband Pawan. On this ground also they are entitled for bail. Learned counsel has stated that the allegations leveled in the FIR are falsified by the perusal of the postmortem report whereby the cause of death has been found as asphyxia as a result of strangulation. Learned counsel has stated that applicant no.1 was convicted in a case under Section 376 IPC but he is on bail in the said case. Learned counsel has further placed reliance on the judgment of Apex Court in the case of Pawan Kumar Pandey vs. State of U.P., 2007 (1) JIC 680 (Allahabad), whereby it has been stated that even otherwise, the case of applicant is made out, he cannot be kept languishing in jail on account of the criminal antecedents. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. The applicants are languishing in jail since 2.6.2022. In case, the applicants are released on bail, they will not misuse the liberty of bail.
6. Per contra, learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions raised by the learned counsel for the applicants.
7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
8. Let the applicants- Ram Prakash and Smt. Angoori Devi involved in aforementioned case crime number be released on bail on their furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
(i). The applicants will not tamper with the evidence during the trial.
(ii). The applicants will not pressurize/ intimidate the prosecution witness.
(iii). The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv). The applicants shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
(v). The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
9. 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
10. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 27.1.2023
Vikas
