Allowed

Devendra Singh v. State of U.P.

Allahabad HC2 May 2019BAIL/18561/2019

Case brief

AI extract

What is this about?

Single judge allowed bail to the applicant, a father-in-law falsely implicated in a dowry-death case where the deceased allegedly slipped from a ladder. Court ordered release on personal bond and two sureties subject to standard bail conditions.

What did the court decide?

Released on bail on furnishing personal bond and two sureties each in like amount to the satisfaction of the court concerned.

Devendra Singh 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. - 18561 of 2019

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Applicant :- Devendra Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Bhuvnesh Kumar Singh 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, Gaurav, Uma Devi, Devendra alleging that the marriage of deceased Shivani was solemnized with Gaurav on 24,3,2012, they demanded additional dowry from the deceased for which the deceased was being tortured by them and on 8.12.2018 they killed her. According to postmortem report, six injuries were found on the body of deceased, one on head.

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It is submitted by learned counsel for the applicant that applicant is father-in-law of deceased. Co-accused Smt. Uma Devi has already been granted bail by this Court. 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 died due to having slipped from ladder. He is languishing in jail since 10.12.2018 (more than four and half months) having no criminal history and in case she is released on bail, she 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 Devendra Singh involved in Case Crime No. 405 of 2018, under Sections 498-A, 304-B IPC and

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Section 3/4 Dowry Prohibition Act, P.S. Haldaur, District Bijnor 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 :- 2.5.2019 A. Singh

Devendra Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Devendra Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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