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Allahabad High Court · body

2020 DIGILAW 1035 (ALL)

Awadhesh Kumar v. State of U. P.

2020-07-24

RAJEEV SINGH

body2020
JUDGMENT : 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime No.327 of 2020, under Sections 498-A, 304-B I.P.C. & Section 3/4 D.P. Act, Police Station Mohammadi, District Lakhimpur Kheri, with the prayer to enlarge him on bail. 3. The submissions of learned counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the case, he is having no previous criminal history and is in jail since 11.05.2020. 4. It is further submitted on behalf of the applicant that applicant is the Jeth of deceased, he is living separately and has no concern with the deceased and her husband. He further submitted that on the basis of concocted facts, F.I.R. was lodged by the father of the deceased against the applicant along with his wife and other family members. He also relied on the Parivar Register of applicant (appended as annexure No.3 to the bail application), which reveals that the applicant is living separately with his family. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that the deceased died within 7 years of marriage, but he does not dispute the Parivar Register of the applicant. 6. Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. 7. Let applicant Awadhesh Kumar be released on bail in the aforesaid Case Crime on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail. (2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court. (2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court. (3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C. 8. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.