Allowed

Dhan Singh Shakya v. State of U.P.

Allahabad HC6 Dec 2019BAIL/54188/2019

Case brief

AI extract

What is this about?

In a bail application under Sections 498-A, 304-B IPC and 3/4 D.P. Act, the Single Judge granted bail to the applicant, a father-in-law, citing lack of direct evidence and general allegations as grounds for finding it a fit case for bail upon furnishing bond and sureties.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each in the like amount with specific conditions.

Dhan Singh Shakya 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. - 54188 of 2019

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Applicant :- Dhan Singh Shakya Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Bachchoo Lal,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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Learned counsel for the applicant submits that the applicant is father-in-law of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. It has further been submitted that there is general allegation against the applicant. No specific role has been assigned to the applicant. There is no direct evidence against the applicant. In the postmortem report, the cause of death of the deceased has been shown asphyxia due to ante mortem throttling. The case of the applicant is distinguishable from the case of husband of the deceased. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. The co-accused Rajwati, mother-in-law of the deceased has already been released on bail by this court vide order dated 2.12.2019 in Criminal Misc. Bail Application No. 53353 of 2019, therefore, the applicant is also entitled for bail. There is no criminal history of the applicant and he is in jail since 23.9.2019.

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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 Dhan Singh Shakya involved in Case Crime No. 139 of 2019, under Section 498-A, 304-B IPC and 3/4 D.P. Act, Police Station Onchha, District Mainpuri be released on bail on his furnishing a personal bond and 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

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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 :- 6.12.2019 Masarrat

Dhan Singh Shakya v. State of U.P.

Case brief

What is this about?

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Dhan Singh Shakya v. State of U.P.

Case brief

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