Allahabad High Court
Ram Asare vs State Of U.P. on 26 August, 2020
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18171 of 2020 Applicant :- Ram Asare Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Singh Counsel for Opposite Party :- G.A.,Kumar Ankit Srivastava Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. and perused the record.
By means of this application, the applicant Ram Asare, who is involved in Case Crime No. 69 of 2020, under Sections 498-A, 304-B, 506 I.P.C. and 3/4 D.P. Act, P.S. Nevadhiya, District Jaunpur, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent. He has been falsely implicated in this very case crime number because of being father-in-law of deceased, whereas he is of no concern with affairs of deceased or her husband. It was a marriage of more than six years and deceased took Aluminum Phosphide because of some hot talk in between couple. Information of death was given at police station by ward boy of hospital, where she was rushed for treatment. Subsequently, this false accusation was got lodged. Applicant is of no criminal antecedent nor there is any likelihood of his fleeing from course of justice or tempering with evidence, in case of release on bail. Hence, bail has been prayed for.
Learned counsel for the informant as well as learned A.G.A. vehemently opposed the prayer for bail with this contention that Gauna was performed in the year 2017 and since then there was persistent demand of dowry and cruelty with regard to it. Soon before this occurrence, complaint was made by deceased to her brother through cellphone and applicant being father-in-law along with husband was accused for it. As applicant is with business of insecticides and the poison used in agriculture was being sold from his shop, it was administered and death is caused. Hence, bail be rejected.
From the perusal of material placed on record, it is apparent that marriage was of about six years and while deceased was brought at hospital, the complaint was made that she herself has engulfed some insecticide. It has been written in inquest proceeding. There is no other anti mortem injuries over the person of deceased nor death cause could be ascertained that is why viscera was preserved. Hence, considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness, prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Ram Asare, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
6. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.8.2020 NS