Mahendra Yadav v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39892 of 2023 Applicant :- Mahendra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Singh,Anil Kumar Yadav Counsel for Opposite Party :- G.A.,Diwan Saifullah Khan Hon'ble Ajay Bhanot,J. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.72 of 2023 at Police Station-Rajatalab, District-Varanasi under Sections 498A, 304B IPC and Section 3/4 of the D.P. Act. The applicant is in jail since 07.06.2023. The bail application of the applicant was rejected by the learned trial court on 23.08.2023. The following arguments made by Shri Ajeet Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Diwan Saifullah Khan, learned counsel for the informant and Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

¶1The applicant is the father-in-law of the deceased.

¶2The applicant did not harass the deceased or demand dowry. He never interfered in the marital life of the deceased and her husband. He resided separately.

¶3The deceased was a sensitive lady who was prone to extreme reactions even over trivial issues.

¶4On the fateful day, after a minor argument she flew into a fit of rage and took an extreme step of ending her life. The deceased committed suicide by hanging.

¶5From the post mortem report it appears that the body was found to be decomposed. Hence the authoritative opinion could not be given as regards the cause of death. Though the ligatures were found on the neck which are often consistent with the hanging. No abnormality was detected in the hyoid bone.

¶6The applicant did not aid or abet the suicide.

¶7The applicant has explained his criminal history. It is contended that the applicant is a convenient scapegoat for the police authorities who have been falsely nominated him in another case only to show the proficiency of the police investigators. The said case does not have any bearing on the instant bail application.

¶8The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court 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-Mahendra Yadav 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 :- 2.11.2023 Ashish Tripathi High Court of Judicature at Allahabad High Court of Judicature at Allahabad