Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:20966 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44850 of 2024 Applicant :- Manoj Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Chaube,Ramesh Chandra Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. This bail application has been filed by the applicant-accused in Case Crime No. 13 of 2024, under Sections - 498-A, 304-B, 506 I.P.C. and Section - 3/4 D.P. Act, Police Station - Kulpahar, District - Mahoba, with the prayer to enlarge the applicant-accused on bail. 3. It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The applicant is husband of deceased and their marriage has taken place about four years prior to the incident. Only general allegations of dowry demand and harassment of deceased have been levelled against the accused persons, including applicant. It was submitted that deceased was unable to conceive and she was under depression and committed suicide on 25.12.2023, due to that reason. After incident, the informant and his family members were present at the time of inquest proceedings and at that time no complaint was made. The first information report has been lodged after ten days on 05.01.2024 after making deliberations. In postmortem report, no injury has been shown on the body of deceased and cause of death could not be ascertained, hence
viscera was preserved. As per F.S.L. report, organo chloro insecticide has been found in viscera of deceased. Informant has already been examined before the trial court and he has not supported the prosecution version and turned hostile. Lastly, it was submitted that the applicant-accused is languishing in jail since 08.01.2024, having no criminal history, and that in case the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in trial. 4. Learned A.G.A. has opposed the prayer for bail and submitted that applicant is husband of the deceased, who has suffered unnatural death within four years of her marriage. 5. Considering submissions of learned counsel for the parties, nature of accusations, period of detention and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out.
6. The bail application is allowed. 7. Let the applicant - Manoj Kushwaha involved in aforesaid case be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: i. The applicant shall not tamper with the evidence during the trial. ii. The applicant shall not pressurize/ intimidate any of the prosecution witness. iii. The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 13.2.2025/S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad