The Court granted bail in a bail application filed by the jeth of the deceased accused of dowry death under Sections 498A and 304B IPC. The applicant was released on personal bond and sureties subject to standard bail conditions.
Release on bail by furnishing a personal bond and two sureties each in the like amount.
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Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54339 of 2019 Applicant :- Praveen Sahu @ Pradeep Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is jeth of the deceased. At the time of the alleged incident the applicant was living separate from the deceased and her husband. In first information report the demand of motorcycle in dowry has been mentioned. The applicant has his own motorcycle. The applicant is not a beneficiary of alleged demand of dowry. There is no direct evidence against the applicant. 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. In postmortem report the cause of death of the deceased has been shown asphyxia due to antemortem hanging. The deceased has committed suicide herself. The applicant has no concern with the alleged incident. The case of the applicant is distinguishable from the case of the husband of the deceased. There is no criminal history of the applicant and is in jail since 18.9.2019.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Praveen Sahu @ Pradeep involved in Case Crime No. 296 of 2019, under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Govind Nagar, District Kanpur Nagar 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:-
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 7.12.2019/A.
2 issues framed by the court
Whether the applicant warrants bail despite non-bailable offences under Sections 498A and 304B IPC in a dowry death case.
Whether the applicant's alleged separate residence and lack of direct evidence in a suicide case constitute a fit case for bail.
3 provisions across 2 enactments
Praveen Sahu @ Pradeep
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
