Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:23405 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13371 of 2024 Applicant :- Pintu Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Prabhakar Dubey,Surendra Mohan Mishra,Vishveshwar Mani Tripathi Counsel for Opposite Party :- Amit Kumar Shrivastava,Archana Pathak,Brijesh Kumar Pandey,G.A. Hon'ble Raj Beer Singh,J.
1. Rejoinder affidavit filed by learned counsel for the applicant is taken on record.
2. Heard Sri Prabhakar Dubey, learned counsel for the applicant,
learned counsel for the informant, learned A.G.A for the State and perused the material brought on record. 3. This bail application has been filed by the applicant-accused in Case Crime No. 339 of 2023, under Sections - 498A, 304-B, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Uska Bazar, District- Siddharth Nagar with the prayer to enlarge the applicant on bail. 4. It has been argued by learned counsel for the applicant that applicant is innocent and he has falsely implicated in this case. Applicant is husband of deceased and their marriage has taken place in the year 2019 and out of that marriage they have one child. Only general allegations of dowry demand and harassment of deceased has been levelled against all the accused persons including the applicant. At the time of incident, applicant was not present at the spot. The applicant was working in Punjab and
deceased used to insist to go with him but applicant was unable to take her there and she has committed suicide due to that reason in fit of rage. 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. It is further submitted that during trial, informant and two more witnesses of fact have been examined before the Trial Court and they have not supported prosecution version and turned hostile. The applicant has no criminal history. Lastly, it was submitted that applicant is in jail since 02.01.2024 and that in case the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned counsel for the informant has not opposed the prayer for bail. Learned A.G.A. has opposed the prayer for bail and submitted that applicant is husband of deceased. It was stated that deceased has suffered death other than under normal circumstances within seven years of her marriage. 6. 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 of the matter, a case for bail is made out. 7. The bail application is allowed. 8.
Let the applicant - Pintu Paswan 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.
9. 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 :- 18.2.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad