Allowed

Deshraj v. State of U.P.

Allahabad HC3 Apr 2019BAIL/13752/2019

Case brief

AI extract

What is this about?

The single judge allowed bail to Deshraj in a dowry death case. The court found him fit for bail noting lack of specific criminal history and no direct implicating role, subject to standard bonds and conditions. Equity considerations regarding severity of punishment were noted.

What did the court decide?

Release on bail under Section 437 Cr.P.C. upon personal bond and sureties with conditions for trial cooperation and non-breach of peace.

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

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13752 of 2019

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Applicant :- Deshraj Opposite Party :- State Of U.P. Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.

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Hon'ble Harsh Kumar,J.

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

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Learned counsel for applicant contended that applicant has been falsely implicated for dowry death with general allegations being father-in-law of deceased; that as per averments made in F.I.R. lodged on 4.12.2018 by Sarvesh Kumar, his sister Rita Devi was married to Umesh about 18 months back and since after marriage, she was being treated with cruelty for non fulfilment of demand of dowry and due to atrocities of accusedpersons, she committed suicide in the evening of 3.12.2018 at about 7:30 p.m.; that no specific role has been assigned to applicant regarding demand of dowry or treating deceased with cruelty for non-fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that post mortem report of deceased states that she died due to asphyxia as a result of anti mortem hanging and there is no other anti mortem injuries on her person, except ligature mark; that deceased was unwell, as was suffering from Tuberculosis (TB) and there were frequent quarrel between husband and wife, following which, deceased appears to have committed suicide; that case of applicant is distinguishable from Umesh, the husband of deceased; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 21.1.2019.

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Learned A.G.A. vehemently opposed prayer of bail in this case of dowry death within 7 years of marriage.

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Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

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Let applicant Deshraj be released on bail in Case Crime No.183 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4

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Dowry Prohibition Act, P.S.Nayagaon, District Etah on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 3.4.2019 Tamang

Deshraj v. State of U.P.

Case brief

What is this about?

What did the court decide?

Deshraj v. State of U.P.

Case brief

What is this about?

What did the court decide?

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