Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:19154 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28102 of 2024 Applicant :- Vijay Shankar Opposite Party :- State of U.P. Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- Anant Prakash Mishra,G.A.,Suneel Kumar Mishra Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned counsel for the informant, 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. 340 of 2023, under Sections - 498-A, 304-B, 506 I.P.C. and Section - 3/4 D.P. Act, Police Station - Padari, District - Mirzapur 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 about two years prior to the incident. Only general allegations of dowry demand and harassment of deceased levelled against the all the accused persons, including applicant. It was submitted that deceased was having eight months old child, who was suffering from illness and she was disturbed due to that reason and committed suicide in depression. In postmortem report, except ligature mark, no other injury has been shown on body of deceased and cause of death is asphyxia due to hanging. It is further stated that during trial, statement of informant has been recorded before the trial Court, wherein he did not support the prosecution version
and turned hostile. Applicant is in jail since 17.12.2023 and the trial of the case would take sufficient long time. Lastly, it was submitted that in case the applicant-accused is released on bail, he will not misuse the liberty of bail and will co-operate during trial. 4. Learned counsel for the informant has not opposed the bail application. 5. 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. 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 - Vijay Shankar 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 :- 10.2.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad