Allowed

Lal Bahadur v. State of U.P.

Allahabad HC25 Mar 2019BAIL/9612/2019

Case brief

AI extract

What is this about?

In a bail application for a dowry death case, the Single Judge of the Court at Deoria granted bail to the applicant (father-in-law) who denied involvement in cruelty or strangulation. The court noted the accused had been in custody since November 2018 and appointed sureties.

What did the court decide?

Lal Bahadur released on bail on furnishing personal bond and two sureties in the like amount.

Lal Bahadur 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. - 9612 of 2019

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Applicant :- Lal Bahadur Opposite Party :- State Of U.P. Counsel for Applicant :- Vashishtha Tiwari 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 22.11.2018 by first informant, his daughter Ranjana Devi was married to Dharmendra on 1.5.2015 and since after marriage, she was being treated with cruelty for non fulfilment of demand of dowry and on 21.11.2018 in evening, first informant was informed by mother-in-law that deceased is unwell and upon reaching they found her dead and believes that she was strangulated to death; 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 or for strangulating deceased; that applicant neither made any demand of dowry nor treated deceased with cruelty for nonfulfilment of demand of dowry nor strangulated her to death; that post mortem report states that deceased died due to asphyxia as a result of anti mortem hanging and there is no other anti mortem injuries on her person, except ligature mark; that deceased was living in separate portion; that case of applicant is distinguishable from Dharmendra, the 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 21.11.2018.

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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 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 Lal Bahadur be released on bail in Case Crime No.291 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Tarkulwa, District Deoria on

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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 :- 25.3.2019 Tamang

Lal Bahadur v. State of U.P.

Case brief

What is this about?

What did the court decide?

Lal Bahadur v. State of U.P.

Case brief

What is this about?

What did the court decide?

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