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Neutral Citation No. - 2025:AHC:113081 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24162 of 2025 Applicant :- Rajnish Patel Alias Babloo Opposite Party :- State of U.P. Counsel for Applicant :- Km. Khushi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Km. Khushi, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.243 of 2024, under Sections 498A, 304B, 504 I.P.C. and 3/4 D.P. Act, Police Station Gauri Bazar, District Deoria, 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
02.03.2024. The applicant is stated to have subjected her to cruelty for demand of a car as dowry, thereby led her to death on
24.06.2024.
5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The allegations are per se false. Section 306 I.P.C. was also added at the time of filing of final report (charge-sheet) against the applicant.
6. Learned counsel for the applicant has further stated that there is a suicide note of the deceased person which indicates that the applicant was having extramarital affair, as such, the deceased has committed suicide. There is no whisper of a single word about demand of dowry against the applicant in the said suicide note. The said suicide note does not indicate or fulfill the ingredients of abetment to suicide either.
7. Learned counsel for the applicant has also stated that the said allegations of dowry have been made after legal consultation as the FIR is delayed by about one day and there is no explanation of the
said delay caused. The cause of death is asphyxia as a result of ante-mortem hanging. There is no criminal history of the applicant. The applicant is languishing in jail since 05.07.2024 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. Learned A.G.A. has 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 suicide note of the deceased and the fact that the FIR is delayed by about one day and there is no explanation of the said delay caused, 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- Rajnish Patel Alias Babloo, 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 pressurise/intimidate with 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 :- 15.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad