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Neutral Citation No. - 2025:AHC:57659 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6440 of 2025 Applicant :- Deepak Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Yadav 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 entire record. 2. The present second bail application has been filed on behalf of the applicant in Case Crime No. 21 of 2024, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Dholna, District- Kasganj with the prayer to enlarge the applicant on bail. The first bail application of applicant was rejected by this Court on merits vide order dated 12.12.2024. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. Applicant is husband of deceased and their marriage has taken place on 22.06.2023. The allegations of dowry demand and harassment of deceased levelled against the applicant are wholly false. In postmortem report, except ligature mark, no other injury has been shown on body of deceased and cause of death is ante- mortem hanging. 4. It is further submitted that the first bail application of applicant was rejected by this Court vide order dated 12.12.2024 and after that statements of PW-2 Ajay Veer Singh, who is father of deceased, and PW-3 Smt. Meena, who is mother of deceased, have been recorded before the trial court. During trial in his cross- examination, PW-1 has not supported the prosecution version and
turned hostile. Similarly during trial PW-2 and PW-3 have not supported the prosecution version and turned completely hostile. It is submitted that the material witnesses have already been examined before the trial court and thus, there is no possibility of tampering with the evidence. There are a number of formal witnesses, who are yet to be examined before the trial court and that the trial of the case is likely to take sufficient long time in its conclusion. The applicant is in judicial custody since 11.02.2024 and that he has no criminal history. Lastly, it was submitted that in case applicant is enlarged on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has opposed the prayer for bail.
However it could not be disputed that during trial material witnesses have not supported the prosecution version and turned hostile. 6. Considering the submissions of learned counsel for the parties, 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 second bail application is hereby allowed. 7. Let the applicant Deepak involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: i. The applicant shall not tamper with the evidence during trial. ii. The applicant shall not pressurize/intimidate the prosecution witnesses. iii. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not try to contact, threat or otherwise influence the informant or any of the witness of the case. 8. In case of breach of any of the above condition, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law. Order Date :- 18.4.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad