Allowed

Shivparsan @ Shiv Prasad v. State of U.P.

Allahabad HC26 Mar 2019BAIL/8422/2019

Case brief

AI extract

What is this about?

In this bail application for a charge of dowry death, the court held that despite opposition from the Advocate General, the case was a fit case for bail at this stage. The applicant, who had no criminal history and no specific role assigned in the cruelty or dowry demand, was released on bail subject to conditions regarding trial cooperation.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties.

Shivparsan @ Shiv Prasad Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2019)

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Court No. - 45 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8422 of 2019 Applicant :- Shivparsan @ Shiv Prasad Opposite Party :- State Of U.P. Counsel for Applicant :- Ashish Kumar Sinha Counsel for Opposite Party :- G.A.

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Hon'ble Harsh Kumar,J.

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Heard learned counsel for applicant, learned A.G.A. and perused the record.

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Learned counsel for applicant contended that applicant has been falsely implicated for dowry death with general allegations being father-in-law of deceased; that as per averments made in F.I.R. lodged on 13.3.2018 by first informant, his sister Kavita was married to Lalu Prasad about two months back and since after marriage, she was being treated with cruelty for non fulfilment of demand of dowry and her dowry death has been committed by mother and husband i.e. husband and mother-inlaw of deceased on 12.3.2018; that no specific role has been assigned to applicant regarding demand of dowry or treating deceased with cruelty for non-fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that applicant has not been assigned with role of causing injuries to deceased; that co-accused Lalmati Devi @ Leelawati has been granted bail by another Bench of this Court vide order dated 14.2.2019 passed in Criminal Misc. Bail Application No.4699 of 2019, copy of which has been produced for perusal and taken on record; that case of applicant is distinguishable from Lalu Prasad, husband of deceased; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 20.6.2018.

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Learned A.G.A. vehemently opposed the prayer of bail in this case of dowry death within 7 years of marriage.

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Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

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Let applicant Shivparsan @ Shiv Prasad be released on bail in Case Crime No.109 of 2018, S.T. No.457 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, P.S. Taryasujan,

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District Kushinagar on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 26.3.2019 Tamang

Shivparsan @ Shiv Prasad v. State of U.P.

Case brief

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Shivparsan @ Shiv Prasad v. State of U.P.

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