Devendra Kumar v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46272 of 2023 Applicant :- Devendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Amar Bahadur Maurya 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 Crime No.215 of 2023, Session Trial No.1026 of 2023 at Police Station-Bhuta, District-Bareilly under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act. The applicant is in jail since 20.05.2023. The bail application of the applicant was rejected by learned trial court on 05.10.2023. The following arguments made by Shri Amar Bahadur Maurya, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

(1) The applicant is the husband of the deceased.

(2) The applicant did not harass the deceased or demand any dowry.

(3) The deceased was a sensitive lady who was depressed on account of ill health of his father.

(4) On the fateful day, she succumbed to depression and took the extreme step of ending her life. She committed suicide by hanging.

(5) The postmortem report opines the cause of death as asphyxia due to antemortem hanging.

(6) Injuries depicted in the postmortem report consistent with hanging are:

(i) Ligature mark.

(ii) No abnormality was detected in the hyoid bone.

(7) The applicant did not aid or abet the suicide.

(8) 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.

(9) The applicant does not have any criminal history apart from the instant case.

(10) 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-Devendra Kumar 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