Allowed

Upendra Singh v. State of U.P.

Allahabad HC12 Dec 2019BAIL/4446/2019

Case brief

AI extract

What is this about?

The court allowed a bail application filed by a father-in-law accused under Sections 498-A and 304-B IPC regarding the death of his daughter-in-law. Despite the gravity of the charges, the court considered the applicant's innocent stance and physical incapacitation, deeming the case fit for bail.

What did the court decide?

The applicant Upendra Singh was released on bail on furnishing a personal bond and two local sureties.

Upendra Singh Vs State of U.P. — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 84

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4446 of 2019

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Applicant :- Upendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Singh,Rajesh Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Counter affidavit on behalf of the State, filed in Court today, is taken on record.

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

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The present bail application has been filed by the applicant in case crime No. 205 of 2018, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, Police Station Barhaj, District Deoria with the prayer to enlarge the applicant on bail.

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It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. The applicant is father-in-law of deceased and that he has never demanded any dowry nor harass the deceased. It was submitted that applicant has suffered two motor accidents in 2017 and he has undergone operation on 12.03.2017 and since then he is unable to move properly. It was further submitted that deceased has not suffered any external injury and cause of death of the deceased was asphyxia as a result of strangulation. It was stated that son of applicant and deceased were in relationship even before the marriage and thus, no dowry was demanded in marriage. Learned counsel argued that due to his physical condition, applicant was not even in a position to harass the deceased. It was further submitted that the applicant is in judicial custody since 24.08.2018 and in case, applicant is

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enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail and argued that deceased has suffered unnatural death at her matrimonial home within a short span of two months of her marriage with coaccused Akash and that there are allegations against the applicant that he along with family members used to demand dowry and harass the deceased. However, it has not been disputed that there are no specific allegations against the applicant nor any specific role was attributed to him.

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Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence and all attending facts and circumstances of the case, 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 Upendra Singh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:

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The applicant shall not tamper with the prosecution evidence.

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The applicant shall not pressurize the prosecution witnesses.

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The applicant shall appear on the date fixed by the trial Court.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.

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Order Date :- 12.12.2019/A. Tripathi

Upendra Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Upendra 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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