Allowed

Mahesh Diwakar v. State of U.P.

Allahabad HC2 Dec 2019BAIL/48688/2019

Case brief

AI extract

What is this about?

This judgment grants bail to Mahesh Diwakar, charged under sections 498A, 304B, and 323 IPC. The court notes the applicant is the father-in-law of the deceased, where the cause of death was accidental burn injuries, and no specific role was assigned to him, distinguishing his case from the husband's.

What did the court decide?

Applicant released on bail by furnishing a personal bond with two sureties subject to specific conditions including cooperation with trial and appearance.

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

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48688 of 2019

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Applicant :- Mahesh Diwakar Opposite Party :- State of U.P. Counsel for Applicant :- Surjeet Singh Chahar, ,Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.,Parshuram Chaubey

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Hon'ble Bachchoo Lal,J.

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List revised. None is present for the complainant.

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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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Learned counsel for the applicant submits that applicant is father-in-law of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. There is general allegation against the applicant. No specific role has been assigned to him. In postmortem report the cause of death has been shown asphyxia due to thermal burn injuries. The deceased sustained accidental burn injuries while she was cooking food. There is no dying declaration of the deceased. There is no direct evidence against the applicant. At the time of alleged incident the applicant was living separate from the deceased and her husband. The case of the applicant is distinguishable from the case of husband of the deceased. Vimlesh, mother-in-law of the deceased has already been released on bail by this court vide order dated 29.11.2019 in Criminal Misc. Bail Application No. 48255 of 2019, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 22.7.2019.

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Per contra; learned A.G.A. has opposed the prayer for bail.

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Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

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Let the applicant Mahesh Diwakar involved in Case Crime No. 159 of 2019, under section 498A, 304B, 323 IPC and Section 3/4 D.P. Act, P.S. Jamunapar, District Mathura be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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The applicant will not tamper with the evidence.

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He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

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He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

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In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

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Order Date :- 2.12.2019 Masarrat

Mahesh Diwakar v. State of U.P.

Case brief

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Mahesh Diwakar v. State of U.P.

Case brief

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