Allowed

Adesh @ Adarsh Kumar v. State of U.P.

Allahabad HC13 Dec 2019BAIL/55439/2019

Case brief

AI extract

What is this about?

In a bail application under Sections 498-A, 304-B IPC and 3/4 DP Act, the High Court, treating the matter as a fit case for bail, granted relief despite not expressing an opinion on merits, imposing standard conditions of bond and cooperation.

What did the court decide?

The applicant was released on a personal bond and two sureties in like amounts, subject to conditions preventing tampering with evidence and intimidation of witnesses.

Adesh @ Adarsh Kumar 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. - 55439 of 2019

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Applicant :- Adesh @ Adarsh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Brij Raj Verma 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 AGA and perused the record.

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Learned counsel for the applicant submits that the applicant is devar 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 the first information report of the alleged incident has been lodged against father-in-law, mother-in-law and devar ( applicant ) making general allegation, no specific role has been assigned to the applicant. The husband of the deceased has not been made accused in this case. The applicant is not beneficiary of the alleged demand of dowry. In the postmortem report, the cause of death of the deceased has been shown asphyxia due to ante mortem hanging. The applicant has not compelled the deceased to commit suicide. The deceased has committed suicide herself. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. It has been further submitted that at the time of alleged incident the applicant was not present at his house. False story has been concocted by the informant. There is no criminal history of the applicant and is in jail since 3.10.2019.

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Per contra, learned AGA opposed the prayer for bail.

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Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

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Let the applicant Adesh @ Adarsh Kumar involved in Case Crime No. 427 of 2019, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Khutar District Shahjahanpur 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 evidences.

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The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.

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The applicant will 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 :- 13.12.2019 Gss

Adesh @ Adarsh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Adesh @ Adarsh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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