Allowed

Krishna @ Krishna Prasad Modanwal v. State of U.P.

Allahabad HC24 Apr 2019BAIL/16997/2019

Case brief

AI extract

What is this about?

This criminal miscellaneous bail application was filed by Krishna Modanwal, a jeth accused of murdering his brother-in-law over dowry demands. The court allowed bail after noting the applicant's lack of criminal history and separation from the deceased.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties each in the like amount, subject to standard conditions.

Krishna @ Krishna Prasad Modanwal Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2019)

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16997 of 2019

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Applicant :- Krishna @ Krishna Prasad Modanwal Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Janam Shahi 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, learned A.G.A. 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, Paras Modanwal (husband), Krishna Modanwal (jeth) and Monika Modanwal (jethani) alleging that the marriage of deceased Deepmala Modanwal was solemnized with Paras Modanwal on 10.3.2016, they demanded dowry as rupees one lac from the deceased for which the deceased was being tortured by them and on 20.2.2019 they killed her by setting her on fire pouring kerosene oil.

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It is submitted by learned counsel for the applicant that applicant is the brother-in-law (jeth). 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. Applicant has no concern with deceased and her husband. He is living separately. Deceased has committed suicide herself. He is languishing in jail since 25.2.2019 (near about two 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 Krishna @ Krishna Prasad Modanwal involved in Case Crime No. 30 of 2019, under Sections 498A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Jahanaganj, District Azamgarh be released on bail on

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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 :- 24.4.2019

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A. Singh

Krishna @ Krishna Prasad Modanwal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Krishna @ Krishna Prasad Modanwal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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