Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:21763 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 902 of 2025 Applicant :- Manoj Opposite Party :- State of U.P. Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Supplementary affidavit filed by learned counsel for the applicant, in Court today, is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 3. This bail application has been filed by the applicant-accused in Case Crime No. 57 of 2024, under Sections - 498-A, 304-B I.P.C. and Section - 3/4 Dowry Prohibition Act, Police Station- Farah, District- Mathura, with the prayer to enlarge the applicant-accused on bail. 4. It has been argued by learned counsel for applicant that applicant is husband of the deceased and he has not committed any offence. The marriage of deceased with applicant has taken place on 23.06.2023. 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. 5. It was further submitted that before her marriage, the deceased was engaged with some other boy but that engagement had been broken and thereafter, deceased was hurriedly married with
applicant within a period of three days. The deceased was upset with her marriage with the applicant and she has committed suicide due to that reason. 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. 6. It is further submitted that during trial, informant/P.W.-1 Sahab Singh, who is maternal uncle of deceased, and P.W.-2 Om Prakash, who is father of deceased, have been examined. In his cross- examination, P.W.-1 Sahab Singh has not supported the prosecution version and turned hostile. P.W.-2 Om Prakash has completely turned hostile and did not support the prosecution version. P.W.-2 has denied the prosecution version regarding harassment of deceased. Lastly, it was submitted that applicant is languishing in jail since 27.02.2024, 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. 7.
Learned A.G.A. has opposed the prayer for bail and submitted that deceased has suffered death due to hanging within a period of one year of her marriage. 8. 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. 9. The bail application is allowed. 10. Let the applicant - Manoj 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.
11. 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 :- 14.2.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad