Allowed

Umesh Prasad v. State of U.P.

Allahabad HC10 Jan 2019BAIL/20931/2016

Case brief

AI extract

What is this about?

In this criminal miscellaneous bail application, the High Court granted bail to the applicant, Umesh Prasad, who was arrested under sections 498A, 304B, and 201 IPC, charged with dowry death and unnatural death of his wife.

What did the court decide?

Bail granted to the applicant Umesh Prasad on executing personal bond and two reliable sureties subject to conditions not to tamper with evidence or intimidate witnesses.

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

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Court No. - 41

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20931 of 2016

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Applicant :- Umesh Prasad Opposite Party :- State Of U.P. Counsel for Applicant :- Baijant Kumar Mishra,Santoosh Kumar Dwivedi

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Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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Bail application by Umesh Prasad in Case Crime No. 55 of 2016, under section 498A, 304B, 201 I.P.C. and 3/ 4 D. P. Act, Police Station Sevrahi, District Kushinagar, has been moved with this contention that he is innocent and he has been falsely implicated in this case crime number.

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Ramjeet Prasad lodged the report against the applicant and inlaws of the deceased with this contention that his daughter Rina was married with the applicant and died of burn injury. Demand of dowry and cruelty with regard to it was being complained by her to her parents. On 26.1.2016 the informant received an information that those named accused persons have murdered his daughter and thereafter cremated her dead body, hence this report was got lodged.

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Learned counsel for the applicant has submitted that demand of dowry or cruelty with regard to it was never made by the applicant. In the night of 25.1.2016 the deceased fell ill and died due to heart attack. Information of it was given to the informant, who reached on the spot and participated in the cremation and last rituals. Then after accusation was lodged. Bail has been prayed for.

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Learned AGA has opposed the bail but has admitted that neither inquest proceeding nor autopsy examination could be conducted over dead body of the deceased because cremation was completed before lodging of the report.

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Death being under natural course of heart attack has been stated by the accused-applicant and in the statement of informant recorded in the trial it is there that the death of the deceased was owing to ailment and her cremation was performed in his presence. The applicant in jail for more than three years.

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Looking to above facts and circumstances, statement of the informant recorded during trial and without expressing any

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opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail.

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Let the applicant, Umesh Prasad, involved in above Case Crime number be released on bail on his executing personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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I. The applicant shall not involve himself in any criminal activity in future.

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II. He shall not make any attempt to tamper with the prosecution evidence in any manner whatsoever.

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III. He will not pressurise/ intimidate any prosecution witness.

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IV. He will cooperate in trial by appearing personally on each date in the Court unless the Court itself deems it fit to exempt his personal attendance in the interest of justice.

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In the event of breach of any of the aforesaid conditions, the court below shall be at liberty to proceed to cancel his bail.

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Order Date :- 10.1.2019

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Pcl

Umesh Prasad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Umesh Prasad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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