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2025 DAILYLAW 72299 (ALL)

PINTU NISHAD v. State of U.P.

BAIL/24445/2024 · 2025-01-21

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:11238 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24445 of 2024 Applicant :- Pintu Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicant 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.834 of 2023, under Sections 498A, 304B, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Barhalganj, District Gorakhpur with the prayer to enlarge the applicant-accused on bail. 4. It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The applicant is husband of the deceased. The allegations of dowry demand and harassment of deceased levelled against applicant, are wholly false. Only general allegations of dowry demand and harassment of deceased have been levelled against all the accused persons, including applicant-accused. No specific role has been assigned to the applicant. It was stated that deceased was suffering from illness 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. During trial, informant/P.W.1 Sippu Sahani has already been examined and he has not supported prosecution version and turned hostile. It was stated that trial of the case would take sufficient long time. It has been further submitted that the applicant is languishing in jail since 01.12.2023, 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. 5. Learned A.G.A. has opposed the prayer for bail and submitted that deceased has suffered death other than under normal circumstances, within a period of 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 Nishad 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 :- 22.1.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad