Amarkosh v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47134 of 2023 Applicant :- Amarkosh Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Vipin Kumar Singh, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the record.

¶3Applicant seeks bail in Case Crime No. 75 of 2023, under Sections 498-A, 323, 504, 506, 328 of I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station Santnagar, District Mirzapur, during the pendency of trial.

¶4As per prosecution story, the marriage of the applicant was solemnized with the sister of the informant as per Hindu Rites and the applicant along with other co-accused persons is stated to have forcibly administered phenyl to her on 08.04.2023 at about 10:00 AM besides assaulting her.

¶5Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case due to ulterior motive. He has nothing to do with the said offence as alleged in the FIR. Learned counsel has further stated that there is no injury sustained by the injured person except the ingestion of phenyl and it was the applicant who had admitted her at S.R.N. Hospital at Prayagraj and thereafter she has been taken to S.G.P.G.I., Lucknow and was discharged on 01.06.2023. Even the consent of the applicant was taken to operate the injured on 28.05.2023. The FIR is delayed by about four days and there is no explanation of the said delay caused. Even the application u/s 156(3) Cr.P.C. was moved on 02.08.2023 which itself is delayed by a bit less than four months.

¶6Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 16.09.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶7Per contra, learned A.G.A. has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

¶8Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9Let the applicant-Amarkosh, involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/ intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. v. The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

¶10In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶11Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶12It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 24.11.2023 Siddhant High Court of Judicature at Allahabad