Khadag Singh v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47023 of 2023 Applicant :- Khadag Singh Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Tripathi,Rakesh Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.287 of 2023 at Police Station-Junawai, District-Sambhal under Sections 304B, 498A, 323, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act. The applicant is in jail since

16.09.2023. The bail application of the applicant was rejected by the learned trial court on 13.10.2023. The following arguments made by Shri Suresh Dhar Dwivedi, learned counsel holding brief of Shri Rakesh Pati Tiwari, 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 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.

¶3The deceased was suffering from chronic ailments. She was provided the best medical treatment by the applicant's family but to no avail.

¶4The cause of death as recorded in the post mortem report is "septic shock".

¶5No ante mortam injuries was found on the body of the deceased.

¶6The deceased died due to ailments which got complicated.

¶7The applicant did not aid or abet the suicide.

¶8The 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.

¶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 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-Khadag Singh 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 :- 3.11.2023 Ashish Tripathi High Court of Judicature at Allahabad High Court of Judicature at Allahabad