Brajesh v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51884 of 2023 Applicant :- Brajesh Opposite Party :- State of U.P. Counsel for Applicant :- Birendra Singh Khokher Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Birendra Singh Khokher, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 142 of 2023, under Sections 498-A, 304-B IPC & 3/4 D.P. Act, Police Station-Jarcha, District-Gautam Buddha Nagar, during pendency of the trial in the court below.

¶3FIR of the present case was lodged against applicant, his brother i.e. husband of the deceased and his wife and according to the FIR, marriage of the younger brother of the applicant was performed with the sister of the informant on 21.04.2022 and after marriage, applicant and his family members tortured her for demand of Rs. 5 lacs and Brezza Car and on 12.07.2023 they have committed her murder due to non fulfillment of demand of dowry.

¶4Learned counsel for the applicant submitted that applicant is the jeth of the deceased and on the basis of false allegation, he has been made accused in the present matter. He further submitted that actually some dispute arose between husband and wife and thereafter wife hanged herself. He further submitted that post-mortem report of the deceased suggests that she died due to hanging.

¶5He further submitted that applicant is not having any criminal history and he is in jail since 20.10.2023.

¶6Per contra, learned AGA although, opposed the prayer for bail but could not dispute the fact that applicant is the jeth of the deceased and only general allegation has been levelled against him and deceased died due to hanging.

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

¶8Considering the fact that applicant is the jeth of the deceased and only general allegation has been made against him and 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-Brajesh 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 :- 4.12.2023 KK Patel High Court of Judicature at Allahabad