Allowed

Dhirendra v. State of U.P.

Allahabad HC21 Feb 2019BAIL/5502/2019

Case brief

AI extract

What is this about?

In a bail application regarding a dowry-death case where the deceased allegedly committed suicide, the court, noting the applicant's innocence, lack of direct involvement in dowry demands, and no criminal history, granted bail subject to standard conditions.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties each, subject to conditions against tampering with evidence, intimidating witnesses, and committing similar offences.

Dhirendra 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. - 5502 of 2019

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Applicant :- Dhirendra Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjeev Kumar Singh,Subodh Kumar Rai 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 by the informant against six accused persons namely, Rinku @ Dilip, Dhirendra, Komal, Mohit, Pushpa and Yashoda alleging that the marriage of deceased Sadhana was solemnized with Rinku @ Dilip on 18.11.2017, they demanded dowry from the deceased for which the deceased was being tortured by them and on 6.5.2018 they killed Sadhana. According to postmortem report, cause of death is asphyxia due to antemortem hanging.

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It is submitted by learned counsel for the applicant that applicant is the father-in-law. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. He has no concern with the demand of dowry and he is not beneficiary of the same. Applicant has no concern with deceased and her husband. He is living separately. Deceased has committed suicide herself. He is languishing in jail since 7.7.2018 (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 the applicant Dhirendra involved in Case Crime No. 323 of 2018, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Dibiyapur, District Auraiya

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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 :- 21.2.2019 A. Singh

Dhirendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dhirendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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