Vasudev Maurya v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39456 of 2023 Applicant :- Vasudev Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Murli Dhar Mishra Counsel for Opposite Party :- G.A.,Lal Chandra Mishra Hon'ble Ajay Bhanot,J. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 11 of 2022 at Police Station Nawabganj District Prayagraj under Section 498A, 323, 504, 506, 328, 376 I.P.C. and Section 3/4 Dowry Prohibition Act. The applicant is in jail since

03.07.2023. The bail application of the applicant was rejected by the learned trial court on 11.08.2023. The following arguments made by Shri Murli Dhar Mishra, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Lal Chandra Mishra, learned counsel for the informant and Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

¶1Delay in lodgement of the F.I.R. in the facts and circumstances of this case is fatal to the prosecution case.

¶2The applicant is the father-in-law of the victim.

¶3The applicant did not torture the victim nor demand dowry.

¶4The applicant never interfered in the marital life of the victim and her husband.

¶5The F.I.R. arises out of an estranged relationship between the victim and her husband.

¶6The applicant has been falsely implicated at the instigation of interested parties for leveraging the criminal case in the matrimonial dispute.

¶7Medical evidence to corroborate commission of rape by the applicant with the victim has not been produced by the prosecution.

¶8Prosecution evidence does not connect the applicant with the offence.

¶9The applicant does not have any criminal history apart from this case.

¶10The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Vasudev Maurya be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 30.10.2023 Dhananjai High Court of Judicature at Allahabad