Allowed

Suresh Chandra v. State of U.P.

Allahabad HC27 Mar 2019BAIL/12011/2019

Case brief

AI extract

What is this about?

The single judge allowed a bail application filed by an accused in a dowry harassment case leading to suicide. Relying on the principle of parity with a co-accused already released on bail and the applicant's lack of criminal history, the court granted bail subject to standard conditions.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to standard bail conditions.

Suresh Chandra Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12011 of 2019

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Applicant :- Suresh Chandra Opposite Party :- State Of U.P. Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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This case has been assigned by The Hon'ble The Chief Justice vide order dated 26.3.2019.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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According to prosecution case, F.I.R. was lodged against five accused persons, namely, Ghanshyam (Husband), Suresh Chandra, Mother-in-law, Bhuri (Nanad) and Chhotu (Devar) alleging that Chandrawati Devi, daughter of the complainant was married with Ghanshyam on 4.5.2017. For demand of Rs. three lac and motorcycle they assaulted and tortured her and on 30.9.2018 she committed suicide by administering poison by the accused.

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Learned counsel for the applicant submitted that co-accused Sundari has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 6.3.2019 in Criminal Misc. Bail Application No. 9391 of 2019 and the case of the applicant is identical to the case of co-accused who has already been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity. The applicant is father-in-law of the deceased and is an old person and is languishing in jail since 22.10.2018 (about five months) having no criminal history. He has no concern with the so called demand of dowry and is not beneficiary of the same. General role has been assigned against the applicant. She has committed suicide herself and the reason better known to her. There is no independent witness against the applicant. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and also admitted that the case of the applicant is identical to the case of co-accused Sundari, who has already been enlarged on bail.

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Considering the submission of learned counsel for the parties,

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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 Suresh Chandra involved in Case Crime No. 408 of 2018, under Sections 498-A, 304-B, 323, 504 IPC and Section 3/4 of D.P. Act, Police Station-Jahanganj, DistrictFarrukhabad 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:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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

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5.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 him 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 :- 27.3.2019 OP

Suresh Chandra v. State of U.P.

Case brief

What is this about?

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Suresh Chandra v. State of U.P.

Case brief

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