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Allahabad High Court · body

2014 DIGILAW 1820 (ALL)

Ram Ratan @ Ratanlal v. State of U. P.

2014-06-05

ARVIND KUMAR MISHRA I

body2014
JUDGMENT Hon'ble Arvind Kumar Mishra-I, J. Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record. 2. By means of the present application, the applicant seeks bail in Case Crime No. 80 of 2013, under Sections 498-A, 323, 506, 315, 316 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Rampur. 3. Learned counsel for the applicant has submitted that in this case, the applicant instituted a petition under Section 9 of the Hindu Marriage Act against his wife Mala Devi. The genesis of the crime between the applicant and brother of the victim is property dispute. 4. Learned counsel for the applicant has further submitted that the applicant is innocent and no criminal history is imputed to him. The termination of the pregnancy has been denied by the applicant because no such incident took place. Since the brother of the victim is a medical practitioner in Lavi Nursing Home, district Rampur, therefore, he has concocted and prepared papers relating to abortion of the victim which has no truth. 5. Learned AGA has opposed prayer for bail. 6. Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of allegations made in the FIR and all other material available on record, the applicant is entitled to be released on bail. Accordingly, bail application is allowed. 7. Let the applicant Ram Ratan @ Ratanlal involved in Case Crime No. 80 of 2013, under Sections 498-A, 323, 506, 315, 316 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Rampur, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that: - 1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 2. He will cooperate in the trial bonafidely without seeking adjournments. 3. He shall not indulge in any criminal activity or commission of any crime after being released on bail. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.