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2025 DAILYLAW 103797 (ALL)

SUDAMA YADAV v. STATE OF U.P.

BAIL/37211/2024 · 2025-01-31

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14297 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37211 of 2024 Applicant :- Sudama Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Lalita Mishra,Rajnish Shukla Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Rajnish Shukla, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.43 of 2024, registered under Sections 498-A, 304-B IPC & Section 3/4 of Dowry Prohibition Act, Police Station- Belipar, District- Gorakhpur, during pendency of the trial. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is father-in-law of the deceased having no concern with the alleged incident. Cause of death of the deceased is Asphyxia as a result of ante mortem hanging. He further submitted that except the ligature mark, no injury was found on the body of the deceased. Allegation alleged in the first information report that in-laws of the deceased were demanding additional dowry, is false and baseless. Applicant is implicated in the present case being father-in-law of the deceased. The applicant is languishing in jail since 02.03.2024 having no criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 4. Per contra, learned A.G.A. and learned counsel for the informant vehemently opposed the bail application of the applicant. 5. Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and 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. 6. Let the applicant- Sudama Yadav, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 31.1.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad