Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:19172 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27230 of 2024 Applicant :- Ashok Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Dubey,Ram Milan Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the material brought on record. 2. This bail application has been filed on behalf of the applicant in Case Crime No. 323 of 2023, under Sections - 498-A, 304-B I.P.C. and Section - 3/4 D.P. Act, Police Station - Atarra, District - Banda with the prayer to enlarge the applicant-accused on bail. 3. It has been argued by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this case. Applicant is husband of deceased and their marriage has taken place on 22.02.2018 and out of that marriage, they have one child. Only general allegations of dowry demand and harassment of deceased have been levelled against the all the accused persons, including applicant. There is no such specific allegation that what was being demanded in dowry. It was submitted that on day of incident, the deceased was asking her husband to take her to a party and when he refused, a quarrel has taken place and she committed suicide by hanging in fit of rage. In postmortem report, except ligature mark, no other injury has been shown on body of deceased and cause of death is asphyxia as a result of ante-mortem hanging. It is further submitted that the child of the applicant and deceased is being looked after by father of applicant. Lastly, it was
submitted that applicant is languishing in jail since 13.12.2023, having no criminal history, and that in case the applicant-accused is released on bail, he will not misuse the liberty of bail and will co-operate in trial. 4. Learned A.G.A. has opposed the prayer for bail and submitted that applicant is husband of deceased and that deceased has suffered death due to hanging within seven years of her marriage. 5. Considering submissions of learned counsel for the parties, nature of accusations, period of detention and all attending facts, without expressing any opinion on the merits of the matter, a case for bail is made out. 6. The bail application is allowed. 7.
Let the applicant - Ashok Kumar 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.
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