Allowed

Ram Khilari v. State of U.P.

Allahabad HC15 Feb 2019BAIL/4449/2019

Case brief

AI extract

What is this about?

Single judge allowed bail application of applicant Ram Khilari, father-in-law, in a dowry death case causing death by asphyxia. Court noted applicant had no criminal history, co-accused already on bail, and allegations lacked independent witness corroboration.

What did the court decide?

Released on bail with personal bond and two sureties subject to standard conditions against tampering, intimidation, and re-offending.

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

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4449 of 2019

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Applicant :- Ram Khilari Opposite Party :- State Of U.P. Counsel for Applicant :- Shiv Raj Singh,Bhaiya Ram Maurya,Raghubir 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 against three accused persons, namely Ram Khiladi, Avnish and Sandeep alleging that the marriage of deceased Madhuri was solemnized with Avnish before 11 months, they demanded dowry as motorcycle from the deceased for which the deceased was being tortured and beaten by them and on 20.6.2018 they killed Madhuri. According to postmortem report, cause of death is asphyxia due to throttling.

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It is submitted by learned counsel for the applicant that applicant is father-in-law. Co-accused namely Sandeep has already been granted bail by co-ordinate Bench of this Court vide order dated 29.1.2019 in Criminal Misc. Bail Application No. 3821 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. Applicant has no concern with demanded dowry. Applicant was living separately. Applicant has no concern with deceased and her husband. Offences levelled against the applicant are not attracted in the present case. There is no independent witness and no legal evidence against the applicant. Applicant was not beneficiary of alleged demanded dowry. He is languishing in jail since 22.6.2018 (more than seven and half 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 applicant Ram Khilari involved in Case Crime No. 190 of 2018, under Sections 498-A, 304-B IPC & 3/4 Dowry Prohibition Act, Police Station Vichhawan, District Mainpuri 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 :- 15.2.2019 A. Singh

Ram Khilari v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ram Khilari v. State of U.P.

Case brief

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