Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:22395 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47532 of 2024 Applicant :- Surjeet Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant-accused, learned AGA for the State and perused the record. 2. The present bail application has been filed by the applicant- accused in case crime No.44 of 2024, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, police station Sidhpura, District Kasganj with the prayer to enlarge the applicants- accused on bail. 3. It has been argued by learned counsel for the applicant- accused that applicant is innocent and he has been falsely implicated in this case. The applicant is husband of deceased. The marriage of deceased with applicant has taken place about three years prior to the incident. Learned counsel has referred statement of complainant and other witnesses and submitted that there is no specific demand of dowry and the witnesses have alleged that the applicant used to consume liquor, which often caused quarrel and she has committed suicide due to that reason. In post-mortem report, except ligature mark, no other injury has been shown on the body of deceased and cause of death has been shown asphyxia due to ante-mortem hanging. It is further submitted that applicant is in jail since 11.03.2024 and during trial no witness has been examined so far, whereas 15 dates have already been fixed for evidence. Criminal history of two minor cases shown against applicant has duly been
explained. Lastly, it was stated that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial. 4. Learned A.G.A. has opposed the bail application and argued that deceased has suffered death due to hanging within a period of seven years from her marriage. 5. Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed. 6.
Let the applicant- Surjeet involved in aforesaid crime be released on bail on furnishing 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.
7. 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 :- 17.2.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad