Allahabad High Court
Harshit Krishna vs State Of U.P. on 9 November, 2020
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29895 of 2020 Applicant :- Harshit Krishna Opposite Party :- State of U.P. Counsel for Applicant :- Ashwini Kumar Ojha Counsel for Opposite Party :- G.A.,Avanish Kumar Shukla,Janardan Singh,Mithilesh Kumar Shukla,Vikas Mishra Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned counsel for the first informant and learned AGA for the State and perused the record.
This bail application has been filed by the applicant Harshit Krishna seeking bail in Case Crime No. 1132 of 2019, under Sections 498A, 304 B I.P.C. and 3/4 of D.P. Act P.S. Chakeri, District Kanpur Nagar.
Learned counsel for the applicant has submitted that the applicant is the husband of the deceased and the marriage has taken place on 16.11.2017. The applicant is employed in Indian Air Force.
Learned counsel for the applicant has next submitted that the victim was done to death at her parental home. Post mortem report shows that the victim had an abraded contusion on the right side just below jaw and trachea was found congested with haemotoma present.
Learned counsel for the applicant has next submitted that on the date of incident the applicant was present at his own house.
Learned counsel for the applicant has next submitted that when the applicant got knowledge about her death he had given information on dial 112 to the police and he has no role to play in causing the death of his wife.
It is lastly submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 27.11.2019 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA as well as learned counsel for first informant has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Harshit Krishna be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 9.11.2020 R