Subedar Patel v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46044 of 2023 Applicant :- Subedar Patel Opposite Party :- State of U.P. Counsel for Applicant :- K.S. Tiwari,Vivek Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of this bail application the applicants have prayed to be enlarged on bail in Case Case No. 142 of 2023 at Police Station-Phoolpur, District-Varanasi under Sections 498-A, 304-B, 506 IPC and Section 3/4 Dowry Prohibition Act. The applicant is in jail since

16.05.2023. The bail application of the applicant was rejected by learned trial court on 30.09.2023. The following arguments made by Sri K.S. Tiwari, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Sri Rishi Chaddha, learned AGA from the record, entitle the applicant for grant of bail:

(1) The applicant is father in law of the deceased.

(2) The applicant never tortured the deceased nor did he demand dowry.

(3) The applicant never interfered in the marital life of the deceased and her husband.

(4) The deceased died of natural causes.

(5) The postmortem report opines that the cause of death could not be ascertained.

(6) The viscera has been preserved but no viscera report has been produced till date.

(7) The prerequisites for attracting the presumption and the reversing the burden of proof are not established in the facts and circumstances and evidence of the case.

(8) The applicant does not have any criminal history apart from this case.

(9) The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join in 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-Subedar Patel 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 :- 1.11.2023 Jaswant High Court of Judicature at Allahabad