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2025 DAILYLAW 112482 (ALL)

JAGDISH NISHAD ALIAS JOKHU v. STATE OF U.P.

BAIL/46912/2024 · 2025-02-13

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20947 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46912 of 2024 Applicant :- Jagdish Nishad Alias Jokhu Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Tripathee,Sawati Baranwal 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 material brought on record. 2. This bail application has been filed by the applicant-accused in Case Crime No. 760 of 2023, under Sections - 498-A, 304-B, 506 I.P.C. and Section - 3/4 Dowry Prohibition Act, Police Station - Gulriha, District - Gorakhpur, with the prayer to enlarge the applicant-accused on bail. 3. It has been argued by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this case. Applicant is father-in-law of deceased. The marriage of deceased with son of applicant has taken place on 24.05.2022. It was submitted that only general allegations of dowry demand and harassment of deceased have been levelled against all the accused persons, including applicant. No specific role has been assigned to the applicant. In postmortem report, except ligature mark, no other injury has been shown on body of deceased and cause of death has been shown asphyxia, as a result of ante-mortem hanging. Co- accused Maina Devi, who is mother-in-law of deceased, has already been granted bail by this Court vide order dated 22.04.2024, passed in Criminal Misc. Bail Application No. 10568 of 2024. Lastly, it was submitted that the applicant-accused is languishing in jail since 01.07.2024, 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 deceased has suffered death other than under normal circumstances within a period of seven 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 - Jagdish Nishad @ Jokhu 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 she 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