Allowed

Rajendra Kumar Patel v. State of U.P.

Allahabad HC21 Aug 2020BAIL/9850/2020

Case brief

AI extract

What is this about?

In a criminal bail application, the Allahabad High Court granted bail to Rajendra Kumar Patel, accused in a case concerning dowry harassment and death of his daughter-in-law, subject to conditions regarding presence in court and surrender of passport.

What did the court decide?

Released on bail by furnishing a personal bond with two sureties, subject to undertakings regarding attendance, adjournments, and passport surrender.

Rajendra Kumar Patel Vs State of U.P. — Cheque Dishonour | Allahabad HC (2020)

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In Chamber

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9850 of 2020

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Applicant :- Rajendra Kumar Patel Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ramesh Sinha,J.

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As per office report dated 20.8.2020, an application has been moved on behalf of the applicant in the present bail application through e-mail. The said urgency application has been placed before this Court along with the record today in the cause list of fresh cases.

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Perused the urgency application. The same stands allowed. The Court thus proceeds to hear the matter.

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Heard Manvendra Singh, learned counsel for the applicant and Sri J.K. Upadhyay, learned AGA appearing for the State through Video Conferencing and perused the record.

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It has been contended by learned counsel for the applicant that the applicant is father-in-law of the deceased and the husband of the deceased, namely, Vipin Patel is already confined in jail. He submits that as per post mortem report of deceased, cause of death asphyxia due to ante mortem hanging and no other injures were seen all over the body, except one ligature mark. He further submits that deceased and her husband were living separately, the said fact is mentioned in para 20 of the affidavit. The applicant is 63 years old. He submits that husband of the deceased had given an information of the incident to police, on which panchyatnama was conducted. The applicant and husband of the deceased are witnesses of the panchayatnama and, thereafter, in the evening the F.I.R. was lodged by the informant implicating the applicant and his son in the present case. The applicant has no other reported criminal antecedent. The applicant is in jail since 23.11.2019.

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Learned A.G.A. opposed the prayer for bail.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of

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the charge, the applicant is entitled to be released on bail in this case.

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Let the applicant Rajendra Kumar Patel involved in Case Crime No.284 of 2019, under Sections 498-A, 304-B IPC and section 3/4 Dowry Prohibition Act, P.S. Ghazipur, District Fatehpur, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned and the court concerned shall take an undertaking from the sureties that the properties movable/immovable which are the basis of accepting the surety, shall not be disposed of by them during the pendency of the trial with the following conditions:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(v) The applicant shall surrender his passport, if any, before the trial court & shall furnish an undertaking not to leave the country until permission is obtained by him from this Court or till the conclusion of the trial.

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The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the

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said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of the 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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Order Date :- 21.8.2020 Tamang

Rajendra Kumar Patel v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajendra Kumar Patel v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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