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2017 DIGILAW 817 (ALL)

Pramod v. State of U. P.

2017-03-22

RAM SURAT RAM (MAURYA)

body2017
JUDGMENT Ram Surat Ram (Maurya), J. Heard counsel for the applicant and A.G.A. for State of UP. Supplementary affidavit filed today, is taken on record. Pramod, the applicant is husband of the deceased. Counsel for the applicant submits that the applicant Pramod is in jail since 14.11.2016 in Case Crime No. 0241/2016, under Section 304 B IPC and Section 3/4 D.P. Act, P.S. Bhot, Distt. Rampur. According to the FIR, the deceased Bhuri was married to the applicant two years ago from the date of incident and in the night on 29.8.2016, she was murdered by the applicant along with his family members by throttling her and thereafter she was administered poison. The post mortem of the deceased was conducted on 31.8.2016 at 14: 30 hours. In the post mortem report, no external injury was found on the body of the deceased. The cause of death could not be ascertained as such Visra was preserved. Visra report has come on 29.9.2016 according to which Organocloro Insecticide poison was found. Counsel for the applicant submits that prior to the marriage one incident of gang rape was happened with the deceased Bhuri in respect of which Case Crime No. 44 of 2014 was lodged against the accused on 20.2.2014 at P.S. Kemri, Distt. Rampur and on committal Session Trial No. 23 of 2015 was registered. When the victim was required to be examined as the witnesses in that case then she was suffered from mental agony and committed suicide. Neither demand of dowry nor torture soon before the death by the appellant was proved as there is no external injury on the body of the deceased. AGA has opposed the prayer for bail. Keeping in view of the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the counsel for the parties and without expressing any opinion on 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. Let the applicant Pramod involved in Case Crime No. 0241/2016, under Section 304 B IPC and Section 3/4 D.P. Act, P.S. Bhot, Distt. The bail application is allowed. Let the applicant Pramod involved in Case Crime No. 0241/2016, under Section 304 B IPC and Section 3/4 D.P. Act, P.S. Bhot, Distt. Rampur 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.