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2025 DAILYLAW 88480 (ALL)

MANISH NISHAD v. State of U.P.

BAIL/32224/2024 · 2025-01-20

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:9970 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32224 of 2024 Applicant :- Manish Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Atul Pandey,Prakash Chandra Tripathi 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. 35 of 2024, under Sections - 498-A, 304-B I.P.C. and Section - 3/4 D.P. Act, Police Station - Campierganj, District - Gorakhpur with the prayer to enlarge the applicant-accused on bail. 3. It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. Applicant is husband of deceased. The marriage of deceased with applicant has taken place on 28.05.2023. It was submitted that only general allegations of dowry demand and harassment of deceased have been levelled against all the accused persons including applicant. No specific role has been assigned to the applicant. It was stated that deceased was not happy with her marriage with applicant, as she wanted to marry with some one else, and she 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. Applicant is in jail since last one year but no witness has been examined before the trial Court so far. Lastly, it was submitted that applicant has 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. 4. 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. 5. 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. 6. The bail application is allowed. 7. Let the applicant - Manish 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. 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 :- 21.1.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad