Allowed

Sunil Kumar v. State of U.P.

Allahabad HC13 Sept 2018BAIL/22075/2016

Case brief

AI extract

What is this about?

Court granted bail to Sunil Kumar, a husband charged with dowry harassment and murder of his wife. Despite State opposition regarding the gravity of the offence, the court released him on personal bond and two sureties conditioned to not tamper with evidence and appear regularly.

What did the court decide?

Released on bail on personal bond and two sureties with conditions to not tamper with evidence, appear periodically, and comply with trial requirements.

Sunil Kumar Vs State of U.P. — Matrimonial and Divorce | Allahabad HC (2018)

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Court No. - 46

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22075 of 2016

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Applicant :- Sunil Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Prashant Kumar Singh,Reeta Kumari,Sushil Kumar Rao Counsel for Opposite Party :- G.A.

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Hon'ble Naheed Ara Moonis,J.

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Supplementary affidavit and rejoinder affidavit filed by the learned counsel for the applicant are taken on record.

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The instant bail application has been filed on behalf of the applicant- Sunil Kumar seeking bail in Case Crime No. 1565 of 2015, under Sections 498-A and 306 IPC, Police Station Ghatampur, district Kanpur Nagar during the pendency of trial.

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Heard learned counsel for the applicant and learned AGA for the State and perused the material placed on record.

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The learned counsel for the applicant has submitted the applicant being the husband of the deceased has been implicated with frivolous allegations that on account of non-fulfilment of the demand of dowry his wife was subjected to ill treatment by the applicant and his family members and thereafter she was done to death. The first information report was lodged by the mother of the victim by moving an application under Section 156 (3) Cr.P.C. on 9.9.2015, on the basis whereof the first information report was registered on 30.11.2015 whereas the alleged incident is said to have taken place on 10.8.2015. The first information report was lodged against the applicant and his father and mother under Sections 302 and 498-A I.P.C. The father and mother of the applicant had already been enlarged on bail while the applicant is languishing in jail since 6.3.2016. There is no iota of evidence that the applicant was instrumental in committing murder of his own wife who was married in 2008 and out of their wedlock two children were born and as such there are remote chance of making liable to the applicant to be involved in committing murder of his own wife.

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The applicant was informed by his father who was at Kannauj in connection with training of T.E.T. The post mortem report indicates that the deceased had died due to asphyxia caused by hanging. The deceased had committed suicide by strangulating herself inside the room. The applicant was not present in the house at the time of alleged incident. Though the charges have been framed on 16.8.2017, none of the prosecution witnesses have been examined so far even bailable warrants have been issued against the prosecution witnesses. The mother-in-law and

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father-in-law of the deceased are appearing on each and every date after they were released on bail. The applicant is attending the court from jail regularly. There is remote chance of the trial being concluded in near future due to heavy dockets. In case the applicant is released on bail he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant contending that the applicant being the husband of the deceased has actively participated in the commission of the offence and as such the plea of alibi will be considered during the course of trial. The deceased has two children and as such there are remote chance that she will commit suicide. Looking into the gravity of the offence, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.

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Without expressing any opinion on the merits, let the applicant Sunil Kumar involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses during the trial.

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The applicant shall appear before the police station concerned on Monday in the first week of every month between 10 to 12 A.M. to show his conduct and bonafide.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 13.9.2018

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Shahnawaz

Sunil Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sunil Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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