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Neutral Citation No. - 2025:AHC:114303 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30132 of 2024 Applicant :- Ved Prakash And Another Opposite Party :- State of U.P. Counsel for Applicant :- Shobhit Pathak,Sunil Singh Counsel for Opposite Party :- G.A.,Umesh Singh Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Sunil Singh, learned counsel for the applicants, Sri Tarun Kedarnath Singh, Advocate holding brief of Sri Umesh Singh, learned counsel for the informant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record.
3. Applicants seeks bail in Case Crime No. 224 of 2024, under Sections 498A, 304B, 323 I.P.C. and Section 3/4 D.P. Act, Police Station-Thakurdwara, District-Moradabad, during the pendency of trial.
4. As per prosecution story, the marriage of the son of the applicants was solemnized with the deceased person as per Hindu Rites on 04.10.2022, and subsequent to it, the applicant and other family members are stated to have subjected the victim to cruelty for demand of a car and Rs. 5,00,000/- as dowry, thereby leading her to death on 19.05.2024.
5. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. Applicants are father-in-law and mother-in-law of the deceased person and they have nothing to do with the said offence. Applicants use to live separately to the husband-wife duo and on the date of occurrence they were in Haridwar. There are general and omnibus allegations against all the accused persons. The cause of death is Asphyxia as a result of ante-mortem hanging.
6. It is further argued by learned counsel for the applicants that there is no criminal antecedent of the applicants. The applicants are languishing in jail since 05.06.2024 and they are ready to
cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail.
7. Per contra, learned counsel for the informant as well as learned A.G.A. has vehemently opposed the bail application.
8. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the fact that there are general and omnibus allegations against the applicants and there is strong plea of alibi of the applicants 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.
9. Let the applicants-Ved Prakash and Smt. Mango Devi, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurize/intimidate the prosecution witnesses. (iii) The applicants shall appear before the trial court on the date fixed.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. It is made clear that observations made in granting bail to the applicants 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 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad