Ramakant Yadav v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44696 of 2023 Applicant :- Ramakant Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Daksha Yadav Counsel for Opposite Party :- G.A.,Deeksha Gupta,Siddharth Srivastava Hon'ble Ajay Bhanot,J. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 45 of 2023 at Police Station-Jahanaganj, District-Azamgarh under Section 498-A, 304-B, 506 IPC and Section 3/4 D.P. Act. The applicant is in jail since

12.02.2023. The bail application of the applicant was rejected by the learned trial court on 23.08.2023. The following arguments made by Shri Daksha Yadav, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Siddharth Srivastava, learned counsel and Ms. Deeksha Gupta, learned counsel on behalf of the informant and Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

¶1The applicant is the husband of the deceased.

¶2The applicant never harassed the deceased nor did he demand dowry.

¶3The deceased was under the spell of witch doctors. She became mentally ill on account of the spurious medical advice and procedures advised by the said witch doctors.

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

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

¶6Injuries depicted in the post mortem report consistent with hanging are:

(i). Nature of ligature marks.

¶7The applicant did not abet or instigate the deceased to commit suicide.

¶8Prosecution evidence does not connect the applicant with the offence.

¶9The prerequisites for attracting the presumptions under Section 304B IPC are not made out in the facts and circumstances and evidence of the case.

¶10The applicant does not have any criminal history apart from this case.

¶11The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of her 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-Ramakant 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 :- 7.11.2023 Vandit High Court of Judicature at Allahabad