Allahabad High Court
Madhur Kumar vs State Of U.P. on 5 April, 2023
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4987 of 2023 Applicant :- Madhur Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Lal,Abhilasha Singh,Ashutosh Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised. Second Supplementary affidavit filed by learned counsel for the applicant is taken on record.
2. Heard Sri Abhilasha Singh, learned counsel for the applicant as well as Sri Vibhav Anand Singh, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No. 1028 of 2021, under Sections 498-A, 304-B, 120-B I.P.C. and 3/4 D.P. Act, Police Station Kotwali Nagar, District Etah, during the pendency of trial.
4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu rites on 16.2.2021. The applicant and other family members are stated to have taken a dowry from her thereby leading to her death on 27.12.2021.
5. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel has further stated that the allegations levelled in the FIR are false as the agreement entered into between the parties is to settle the matter of the brother of the deceased in a case under Section 376 IPC he was wanted in. Learned counsel has next stated that on the date of occurrence, the deceased had given birth to a male child and subsequent to the said cesarean procedure, the deceased had succumbed to the complications sustained therein. Learned counsel has next stated that the cause of death as mentioned in the autopsy report, is hemodynamic shock, which corroborates the defence taken by the applicant. Learned counsel has further stated that every effort was taken by the family members to save the life of the deceased person, as she was first admitted to New Max Hospital, Agra and she was kept in the ICU for three days and thereon, she was taken to PGI, Etawah, whereby she expired on the way. Learned counsel has next stated that the cause of death is but natural and cannot be attributed to the applicant. The criminal history assigned to the applicant stands explained vide supplementary affidavit taken on record.
6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant is languishing in jail since 27.7.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned A.G.A. has vehemently opposed the bail application and has stated that the applicant is the main accused person being the husband of the deceased, although he could not dispute the cause of death of the deceased person.
8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
9. Let the applicant- Madhur Kumar involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
i. The applicant will not tamper with the evidence during the trial.
ii. The applicant will not pressurize/ intimidate the prosecution witness.
iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
10. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
11. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.
Order Date :- 5.4.2023 Shalini