Allowed

Mahanand Dwivedi v. State of U.P.

Allahabad HC20 Feb 2019BAIL/7156/2019

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Mahanand Dwivedi, the father-in-law of the deceased. Citing the applicant's lack of criminal history, no direct injury evidence, and the competing theories of suicide versus foul play, the court held the case fit for bail subject to standard conditions.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties, subject to standard conditions including appearance in court and non-interference with witnesses.

Mahanand Dwivedi 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. - 7156 of 2019

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Applicant :- Mahanand Dwivedi Opposite Party :- State Of U.P. Counsel for Applicant :- Vidya Kant Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Sri Ashutosh Kumar Tiwari, Advocate filed his Vakalatnama on behalf of the complainant is taken on record.

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Heard learned counsel for the applicant, Sri Ashutosh Kumar Tiwari, learned counsel for the complainant, Sri C.P. Singh, learned A.G.A for the State and perused the record.

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According to prosecution case, F.I.R. was lodged against three named accused persons, namely, Pankaj, Mahanand, Chandrabhushan Tiwari and one unknown person alleging that on 14.7.2018 Neha daughter of the complainant was married with Pankaj Kumar before four years ago. For demand of dowry, they killed her by hanging.

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Learned counsel for the applicant submitted that the applicant is father-in-law of the deceased and he is an old person and is languishing in jail since 15.7.2018 (more than seven months) having no criminal history. The applicant is innocent and has been falsely implicated in the present case. General role has been assigned to all accused. This is a case of suicide. He has no concern with the demand of dowry and he is not beneficiary of the same. They are living separately. She has committed suicide herself. No injury was found on the body of the deceased except hanging. There is no independent witness against the applicant. There is no eye witness account 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. as well as learned counsel for the complainant 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 Mahanand Dwivedi involved in Case Crime

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No. 262 of 2018, under Section 498-A, 304-B, 120-B IPC and 3/4 of D.P. Act, Police Station-Koraon, District-Allahabad 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 :- 20.2.2019 OP

Mahanand Dwivedi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mahanand Dwivedi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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