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2021 DIGILAW 456 (ALL)

Praveen @ Parvendra v. State of U. P.

2021-03-26

AJIT SINGH

body2021
JUDGMENT : 1. Heard learned counsel for the applicant and the learned A.G.A. 2. This is the third bail application on behalf of the applicant. The first bail application of the applicant being Criminal Misc. Bail Application No.43817 of 2017 was rejected by Hon'ble Sudhir Agarwal, J. vide order dated 15.07.2019. The second bail application of the applicant being Criminal Misc. Application No.4282 of 2021 was dismissed as withdrawn by this Court vide order dated 21.01.2021. 3. This third bail application on behalf of the applicant has been filed with a prayer to release him on bail in Case Crime No. 105 of 2017, under Sections 323, 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Babugarh, district Hapur. 4. The first information report of this incident was lodged on 21.03.2017 by the brother of the deceased against the in-laws of the deceased. It was alleged in the first information report that the complainant's sister was married with the applicant, Praveen. It was further mentioned that just after marriage the deceased was being harassed and tortured by her in-laws for additional demand of dowry. It has also been alleged that for non fulfilment of the demand of additional demand of dowry, on 20.03.2017 the complainant's sister was done to death by her husband along with family members. On the information given by the complainant the first information report was registered against the accused persons. 5. The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the deceased had died due to hanging as she has committed suicide, which is evident from the ligature mark found on the neck of the deceased, which was 25 cms x 2 cms present on the neck and the doctor has opined that the cause of death was asphyxia due to ante-mortem hanging. He further submitted that the deceased was suffering from mental disorder that is why she has committed suicide. He submitted that during trial the prosecution witnesses has not supported the prosecution story and all witnesses of fact have been examined even the doctor has also been examined. He further submitted that the deceased was suffering from mental disorder that is why she has committed suicide. He submitted that during trial the prosecution witnesses has not supported the prosecution story and all witnesses of fact have been examined even the doctor has also been examined. He submitted that there is no evidence on record which could show that the deceased was subjected to cruelty by the applicant or his family members and due the cruelty the deceased had committed suicide. He submitted that the trial has not yet been concluded. He submitted that the applicant is languishing in jail since 14.06.2017 and has no criminal antecedents to his credit, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial. 6. Learned A.G.A. has opposed the bail plea. 7. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3) SCC 2, but without expressing any opinion on merits, this Court finds it to be a fit case for bail. 8. Accordingly, the bail application stands allowed. 9. Let the applicant Praveen @ Parvendra involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. (ii) The applicant shall not threaten or harass the prosecution witnesses; (iii) The applicant shall appear on the date fixed by the trial court; (iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission; (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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 10. 10. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official. 11. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.