Bhaiyaram v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50120 of 2023 Applicant :- Bhaiyaram Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Arvind Kumar, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State-respondent.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 277 of 2022, under Sections 498-A, 304-B, 506 IPC & 3/4 D.P. Act, Police Station-Girwan, District-Banda, during pendency of the trial in the court below.

¶3FIR of the present case was lodged against applicant and his brother i.e. husband of the deceased and according to the FIR, marriage of the elder brother of the applicant was performed with the daughter of the informant about a year before and after marriage, applicant and his brother tortured her for demand of dowry and due to their torture, on 23.10.2022 his daughter committed suicide by hanging herself.

¶4Learned counsel for the applicant submitted that applicant is the devar of the deceased and on the basis of false allegation of demand of dowry and torture, he has been made accused in the present matter.

¶5He further submitted that actually deceased delivered a feeble child, who unfortunately died and after his death, she remained under depression and only due to this reason, she committed suicide by hanging. He further submitted that post-mortem report of the deceased also suggests that she died due to hanging.

¶6He further submitted that applicant is not having any criminal history and he is in jail since 29.10.2022.

¶7Per contra, learned AGA however, opposed the prayer for bail but could not dispute the fact that applicant is the devar of the deceased and he is in jail for last more than a year.

¶8I have heard learned counsel for the parties and perused the record of the case.

¶9Considering the fact that applicant is the devar of the deceased and no specific allegation has been leveled against him and post-mortem of the deceased suggests that deceased committed suicide by hanging and applicant is in jail for last more than a year, in my view, applicant is entitled to be released on bail.

¶10Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶11Let the applicant-Bhaiyaram be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶12In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶13It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 23.11.2023 KK Patel High Court of Judicature at Allahabad High Court of Judicature at Allahabad