Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:14619 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30791 of 2024 Applicant :- Vikas Rathaur Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Johri Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Two Supplementary affidavits filed in Court today, is taken on record
2. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 3. This bail application has been filed on behalf of the applicant- accused in case crime No. 350 of 2023, under Sections 498A, 304B, 506 I.P.C. and section 3/4 D.P. Act, police station Meerganj, District Bareilly, with the prayer to enlarge the applicant-accused on bail. 4. It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. The applicant is husband of deceased. The marriage of applicant with the deceased has taken on 24.11.2020. 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. In post mortem report, except ligature mark, no other injury has been shown on the body of the deceased and cause of death of deceased has been shown asphyxia due to ante mortem hanging. Criminal history of two cases shown against applicant has duly been
explained. Before incident, there had been no complaint of dowry demand or harassment of the deceased. It was submitted that the applicant is in jail since 10.12.2023 and thus, he has already undergone detention of more than one year and that during trial only two witnesses have been examined so far and thus, trial of the case would take sufficient long time. Lastly, it was submitted that in case the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in trial. 5. Learned A.G.A. has opposed the prayer for bail and submitted that deceased has suffered unnatural death 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. Hence, the bail application is allowed. 7.
Let the applicant, Vikas Rathaur 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 conditions, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 31.1.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad