Raj Kumar v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51299 of 2023 Applicant :- Raj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Jitendra Kumar Yadav, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State.

¶2The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 242 of 2023, under Sections 498A, 323, 306 IPC and Section 3/4 D.P. Act, Police Station Kotwali, District Bareilly during pendency of the trial.

¶3FIR of the present case was lodged against applicant and his family members on 27.06.2023 and according to the FIR marriage of the son of the applicant was performed with the sister of the informant in the year 2007 and after marriage applicant and his family members started torturing her for dowry. It is further mentioned in the FIR that after some years of marriage, the sister of the informant could not conceive then applicant and his family members started torturing her in this regard and due to their behavior, the sister of the informant started living in depression and on 24.06.2023 due to torture and abatement of the applicant and others, she committed suicide.

¶4Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and only being father-in-law of the deceased, applicant has been made accused in the present matter. He further submits that only general allegation of torture and abatement has been made against the applicant and it appears that in spite of 16 years of marriage, deceased could not conceive, therefore, she committed suicide and thereafter a false story has been cooked up by the informant that due to the abatement and torture, she committed suicide.

¶5He further submits that there is no cogent evidence on record, which can show that due to the abatement of applicant deceased committed suicide. He further submits that post mortem report also suggests that she died due to hanging. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 24.08.2023.

¶6Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

¶7I have heard learned counsel for the parties and perused the record of the case.

¶8Considering the fact that applicant is father-in-law of the deceased and there is no specific allegation leveled against him and defence taken by the applicant cannot be brushed aside at this stage and as per autopsy report deceased died due to hanging, in my view, applicant is entitled to be released on bail.

¶9Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶10Let the applicant -Raj Kumar 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.

¶11In 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.

¶12It 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 :- 1.12.2023 AK Pandey High Court of Judicature at Allahabad