Allahabad High Court
Guptji @ Chandan vs State Of U.P. on 9 December, 2024
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:192510 Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50332 of 2023 Applicant :- Guptji @ Chandan Opposite Party :- State of U.P. Counsel for Applicant :- Khurshed Alam,Raj Mangal Tiwari,Vindhyachal Singh Counsel for Opposite Party :- G.A.,Pandey Balkrishna Hon'ble Raj Beer Singh,J.
1. Heard leaned counsel for the applicant-accused, learned counsel for the informant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by the applicant-accused in Case Crime No. 39 of 2022, under Sections - 498-A, 304-B, 328 I.P.C. and Section 3/4 D.P. Act, Police Station - Ajeetmal, District - Auraiya, 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 the deceased and their marriage has taken place about one year prior to the incident. The allegations of dowry demand and harassment of the deceased are wholly false. It was submitted that the applicant could not get government job and due to that reason deceased was not happy and she has committed suicide by consuming some infanticide. In postmortem report, no injury has been shown on the body of the deceased and cause of death could not be ascertained hence viscera was preserved. As per FSL report, Organocholoro Insecticide has been found in viscera of the deceased. PW-1 Veerbhan and PW-2 Vimla Devi, who are father and mother of the deceased, have already been examined before the trial Court. Lastly, it has been submitted that the applicant-accused is languishing in jail since 27.08.2022, having no criminal history, and that in case the applicant-accused is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
4. Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail and submitted that applicant is husband of deceased and she has suffered death due to poison within a short period of one year of her marriage.
5. Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed.
6. Let the applicant-accused - Guptji @ Chandan involved in aforesaid crime be released on bail on furnishing 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-accused shall not tamper with the evidence during the trial.
(ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness.
(iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant-accused 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-accused 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.
7. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law.
Order Date :- 9.12.2024 RKM