Rahul v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46478 of 2023 Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Shashank Maurya Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of this bail application the applicant has prayed to be enlarged on bail in Case Case No. 127 of 2023 at Police Station-Bah, District-Agra under Sections 498-A, 304-B, IPC and Section 3/4 Dowry Prohibition Act. The applicant is in jail since 10.06.2023. The bail application of the applicant was rejected by learned trial court on 10.10.2023. The following arguments made by Sri Shashank Maurya, 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 husband of the deceased.

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

(3) The deceased was a sensitive lady who was very attached to her father. Her father was sole earning member of her family. The father of the deceased died in a road accident.

(4) The family of the deceased faced financial destitution and was in an emotional crises.

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

(6) The postmortem report opines that the cause of death is asphyxia as a result of hanging.

(7) Other injuries consistent with the hanging are:

(i) Hyoid bone was found to be intact.

(ii) Ligature marks.

(8) The applicant did not abet or instigate the deceased to commit suicide.

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

(10) 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.

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

(12) 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-Rahul 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 Jaswant High Court of Judicature at Allahabad