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Neutral Citation No. - 2025:AHC:19143 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26877 of 2024 Applicant :- Janaradan Bharti Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar,Bhriguram Ji,Shashi Shekhar Maurya Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 3. The present bail application has been filed by the applicant in Case Crime No. 202 of 2022, under Sections 498A, 304B IPC and Section 3/4 of Dowry Prohibition Act, P.S. Geeda, District Gorakhpur, with the prayer to enlarge the applicant on bail. 4. It has been argued by learned counsel for the applicant/accused that applicant is husband of deceased and that he has been falsely implicated in this case. The marriage of deceased with applicant has taken place about four months prior to the incident but the allegations of dowry demand and harassment of deceased, levelled against the applicant, are wholly false. It was submitted that after one week of her marriage, the deceased went to her parental home and thereafter she was brought back by applicant-Janardan Bharti to matrimonial home on 27.05.2022 and deceased has committed suicide on 23.06.2022. Learned counsel submitted that in fact deceased did not want to marry with applicant and she was under depression and committed suicide. After incident the family members of deceased were informed. In postmortem report, except
ligature mark and one minor injury, no other injury has been shown on the body of deceased. Learned counsel has referred the statement of Autopsy Surgeon Dr. Vinod Kumar, who has stated that deceased has suffered death due to hanging. It is further submitted that the applicant has undergone detention of about two years and eight months and that during trial only part statement of one witness has been recorded and thus, trial of the case would take sufficient long time. Lastly, it is submitted that the applicant is languishing in jail since 24.06.2022, having no criminal history, and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial. 5. Learned A.G.A. has opposed the prayer for bail and submitted that applicant is husband of the deceased has suffered death within short period of her marriage.
6. Considering the submissions of learned counsel for the parties, nature of accusations and all attending facts, particularly the period of detention and stage of trial, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed. 7. Let the applicant Janaradan Bharti involved in aforesaid case crime, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below subject to following conditions: i. The applicant shall not tamper with the evidence during the trial. ii.The applicant shall not pressurize/ intimidate the prosecution witness. iii.The applicant shall appear before the trial court on the date fixed, unless 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.
8. 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 :- 10.2.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad