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2025 DAILYLAW 70325 (ALL)

MANJEET RAJBHAR v. STATE OF U.P.

BAIL/25869/2024 · 2025-07-09

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109755 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25869 of 2024 Applicant :- Manjeet Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Ambreen Masroor,Sadrul Islam Jafri,Sr. Advocate Counsel for Opposite Party :- G.A.,Ram Bali Ram Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri NI Jafri, learned Senior Advocate assisted by Sri SI jafri, learned counsel for the applicant, Sri Ram Bali Ram, learned counsel for the informant as well as Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 86 of 2024, under Sections 304-B, 498-A I.P.C. and 3/4 D.P. Act, Police Station- Kasimabad, District- Ghazipur, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 28.11.2023, and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of remaining Rs.63,000/- as dowry, thereby leading her to death on 15.4.2024. 5. Learned Senior counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about five days and there is no explanation of the said delay caused. Prior to the institution of FIR, the inquest proceedings were concluded on 16.4.2024 and the information was given by the husband of the informant, but he had not whispered a single word about demand of dowry against the applicant at that stage. 6. Learned Senior counsel for the applicant has further stated that uterus of the victim was found gravid and the fetus of about 7 months old was found in it, but the time lapsed from marriage to her death was less than five months, as such, it is a clear cut case of suicide committed by the deceased person out of shame as she was pregnant prior to the marriage. The cause of death has been found to be asphyxia as a result of antemortem hanging. 7. It is further argued by learned Senior counsel for the applicant that it is true that the death is of a young girl, but the applicant has nothing to do with the said offence. There is no injury sustained by the deceased person. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 20.4.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR coupled with the fact that deceased person was found pregnant prior to her marriage and also that no allegation of demand of dowry has been made at the stage of inquest proceedings that too were completed well before the institution of FIR, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Manjeet Rajbhar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 10.7.2025/Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad