Allowed

Mahendra Singh v. State of U.P.

Allahabad HC5 Mar 2019BAIL/8772/2019

Case brief

AI extract

What is this about?

The single Judge granted bail to Mahendra Singh charged in a dowry death case. Despite strong opposition and co-accused complicity, the court held the applicant fit for bail without adjudicating merits but imposed standard conditions including cooperation with trials.

What did the court decide?

Bail allowed subject to furnishing a personal bond and two sureties and adhering to conditions of cooperation with trial.

Mahendra Singh Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2019)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8772 of 2019

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Applicant :- Mahendra Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Geetam Singh 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 by Saran Singh, marriage of his daughter Pavitra Kaur was solemnized with Avtar Singh about 05 years back and since after marriage she was being treated with cruelty for non fulfilment of demand of dowry and yesterday at about 4:00 p.m. he got an information about death of his daughter, caused by her husband and in-laws; that as per post mortem report cause of death is due to asphyxia as a result of anti mortem hanging; that no specific role has been assigned to applicant regarding demand of dowry or treating deceased with cruelty for nonfulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for nonfulfilment of demand of dowry; that following dispute between husband and wife, deceased appears to have committed suicide; that case of applicant is distinguishable from husband of deceased; that co-accused Meera Kaur has been granted bail by another Bench of this Court vide order dated 5.2.2019 passed in Criminal Misc. Bail Application No. 4871 of 2019, copy filed at Annexure No.7; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 13.10.2018.

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Learned A.G.A. vehemently opposed 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 Mahendra Singh be released on bail in Case Crime No. 908 of 2018, under Sections 498-A, 304-B I.P.C. and

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3/4 D.P. Act, P.S. Kasganj, District Kasganj 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 :- 5.3.2019 Tamang

Mahendra Singh v. State of U.P.

Case brief

What is this about?

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Mahendra Singh v. State of U.P.

Case brief

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