High Court
Case Details
Neutral Citation No. - 2025:AHC:66100 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32860 of 2024 Applicant :- Beeru Opposite Party :- State of U.P. Counsel for Applicant :- Girja Shankar Prajapati Counsel for Opposite Party :- G.A.,Rahul Pandey Hon'ble Raj Beer Singh,J. 1. Heard leaned counsel for the applicant-accused, learned A.G.A.
Legal Reasoning
for the State, learned counsel for the informant and perused the record. 2. The present second bail application has been filed by the applicant-accused in Case Crime No. 142/2023, under Sections 498-A, 304-B IPC and Sections 3/4 D.P. Act, Police Station- Chandpur, District- Fatehpur with the prayer to enlarge the applicant-accused on bail. 3. The first bail application of applicant was rejected by this Court vide order dated 26.04.2024, which is reproduced as under :- "1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the entire record. 2. The present bail application has been filed on behalf of the applicant in case crime No. 142/2023, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, police station Chandpur, District Fatehpur with the prayer to enlarge the applicant on bail. 3. It has been argued by learned counsel for the applicant that the applicant-accused is innocent and he has not committed any offence. Applicant is husband of deceased. The marriage of deceased with applicant has taken place on 13.02.2023. The allegations of dowry demand and harassment of deceased levelled against the applicant are wholly false. It was submitted that applicant was working at Surat in Gujarat and at the time of incident also, he was in Gujarat. The deceased was insisting to go with the applicant and she was under depression and she has committed suicide on 20.07.2023. In postmortem report, except ligature mark, no other injury has been shown on the body of deceased and cause of death has been shown as ante-mortem hanging. Co-accused persons have already been granted bail. Lastly, it was submitted that the applicant is in judicial custody since 28.07.2023, having no criminal history, and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail. 4. Learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail and argued that deceased has suffered unnatural death at her matrimonial home within a short period of five months of her marriage. There is evidence that after the marriage, she was being harassed on account of demand of a motorcycle and a golden chain. It was submitted that there is no evidence to support the plea of alibi that at the time of incident, applicant was in Gujarat. 5. Considering submissions of learned counsel for the parties, nature of accusations, gravity of the offence and all attending facts and circumstances of the matter, no case for grant of bail is made out. 6. Accordingly, the instant bail application filed on behalf of applicant Beeru is rejected." 4. It is submitted by learned counsel for the applicant that applicant is husband of deceased and their marriage was solemnized on 13.2.2023. The allegations of dowry demand and harassment of deceased levelled against the applicant are wholly false. It was submitted that applicant was working at Surat in Gujarat and at the time of incident also, he was in Gujarat. The deceased was insisting to go with the applicant and she was under depression and she has committed suicide on 20.07.2023. In postmortem report, except ligature mark, no other injury has been shown on the body of deceased and cause of death has been shown as ante-mortem hanging. It is further submitted that first bail application of application was rejected by this Court vide order dated 26.04.2024 but no witness has been examined before the trial court so far. Learned counsel pointed out that on several dates, bailable warrants were issued against complainant but he did not appear. Thereafter, non-bailable warrants were also issued against the informant but he did not appear for evidence. The applicant is in jail since 28.07.2023 and in case the applicant is granted bail, he shall not misuse the liberty of bail and will co-operate during trial. 5. Learned A.G.A. and learned counsel appearing for the informant have opposed the prayer for bail and submitted that the first bail application of applicant has already been rejected on merits. It was stated that applicant is husband of deceased and the deceased has suffered due to hanging within a short period of her marriage and that no new ground for entertaining this second bail application is made out. 6. Considering the submissions of learned counsel for the parties and all attending facts, particularly period of detention, stage of trial and the fact that prosecution witnesses are not appearing before the trial court, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed. 7. Let the applicant-accused - Beeru involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The applicant-accused 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. 8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 28.4.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad