Allowed

Mangesh Pal v. State of U.P.

Allahabad HC15 Jun 2020BAIL/13251/2020

Case brief

AI extract

What is this about?

This High Court granted bail to Mangesh Pal, the husband of the deceased accused in offences under Sections 498-A IPC and Dowry Prohibition Act. The court relied on the larger mandate of Article 21 and cited Dataram Singh before allowing the application.

What did the court decide?

Released on bail subject to personal bond, two sureties, and specific conditions regarding tampering and trial cooperation.

Mangesh Pal Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13251 of 2020

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Applicant :- Mangesh Pal Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Singh,Raj Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard Sri Sunil Kumar Singh and Sri Raj Kumar Singh, counsels for the applicant and learned A.G.A for State.

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The applicant is the husband of the deceased. The cause of death found by the doctor is asphyxia as a result of ante-mortem hanging. There is no injury on the body of the deceased except on her lower legs. It has been submitted by the counsel for the applicant that the injury might have been suffered by the deceased after her dead body was brought down. The marriage of the applicant with the deceased took place on 02.06.2017. It has been pleaded that on account of mis-adjustment in the family of the applicant the deceased committed suicide. The applicant is languishing in jail since 24.02.2019 and has no criminal history to his credit.

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Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Mangesh Pal , who is involved in Case Crime No. 44 of 2019, under Sections- 498-A, 304B IPC and Section 3/4 of Dowry Prohibition Act, Police Station- Mirza Murad, District- Varanasi, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 15.6.2020 Rohit

Mangesh Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mangesh Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

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