Allowed

Bhagwandas v. State of U.P.

Allahabad HC22 Feb 2018BAIL/5653/2018

Case brief

AI extract

What is this about?

The court considered a bail application in a case alleging dowry harassment and torture. The applicant argued false implication and lack of independent witnesses. The court, noting the applicant had no prior criminal record and had been in custody for over a month, allowed bail subject to standard conditions regarding tampering with evidence and appearance.

What did the court decide?

Bail granted on executing a personal bond and furnishing two sureties with conditions regarding evidence tampering and prosecution witness harassment.

Bhagwandas Vs State of U.P. — Domestic Violence | Allahabad HC (2018)

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Court No. - 22

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5653 of 2018

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Applicant :- Bhagwandas Opposite Party :- State Of U.P. Counsel for Applicant :- Tapesh Kumar Agrawal Counsel for Opposite Party :- A.G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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According to the prosecution case the F.I.R. was lodged against Bhagwan Das (husband, Smt. Bhoori (mother-in-law), Giriraj @ Munna (Jaith), Lakhan Singh (nandoi) and Sonia(Jethani) alleging that the victim was married with the applicant before one year and the applicant along with his family members tortured the victim for the demand of more dowry and she has received injury.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is dispute between the husband and wife; there is no independent witness against the applicant; except one injury all other injuries of the victim are simple in nature, in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 04.01.2018 (more than one and half months) having no previous criminal history.

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Learned A.G.A. opposed the prayer for bail and admitted that he has received no previous criminal history against this accused.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.

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Let the applicant Bhagwandas involved in Case Crime No. 327 of 2017 and in Criminal Case No. 289 of 2017, under Sections 498A, 323 I.P.C. & 3/4 D.P. Act, P.S. Tajganj, District Agra 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:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.

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v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 22.2.2018/A. Tripathi

Bhagwandas v. State of U.P.

Case brief

What is this about?

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Bhagwandas v. State of U.P.

Case brief

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