Allowed

Janardan v. State of U.P.

Allahabad HC11 Apr 2019BAIL/15037/2019

Case brief

AI extract

What is this about?

This bail application was allowed granting release on personal bond and sureties to the applicant, a father-in-law accused of dowry death and related offences, after considering the nature of allegations, custody period, and lack of independent witnesses, though merits were not adjudicated.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties each in the like amount.

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

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15037 of 2019

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Applicant :- Janardan Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, Sri P.K. Rai, learned brief holder for the State and perused the record.

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According to prosecution case, F.I.R. was lodged by the informant against three accused persons namely, Sandip, Janardan and Maya Devi alleging that the marriage of deceased Shashibala was solemnized with Sandip on 28.4.2016, they demanded dowry as rupees fifty thousand from the deceased for which the deceased was being tortured by them and on 27.5.2018 they killed her. According to postmortem report, cause of death is asphyxia due to antemortem hanging.

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It is submitted by learned counsel for the applicant that applicant is the father-in-law. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. He has no concern with the demand of dowry and he is not beneficiary of the same. Deceased has committed suicide herself. He is languishing in jail since 6.7.2018 (more than eight months) having no criminal history and 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.

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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 Janardan involved in S.T. No. 541 of 2018 as well as Case Crime No. 298 of 2018, under Sections 498A, 304-B, 201, 316 IPC and Section 3/4 Dowry Prohibition Act, P.S. Kotwali Padrauna, District Kushinagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court

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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 :- 11.4.2019

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A. Singh

Janardan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Janardan v. State of U.P.

Case brief

What is this about?

What did the court decide?

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