This judgment grants bail to an accused facing charges under Sections 304-B and 498-A IPC and sections 3/4 of the DP Act. The court noted the resignation, coaching, and years of confinement.
Release on bail conditioned upon furnishing a personal bond and two sureties, to abide by specific restrictions on tampering and criminal activity.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16713 of 2019
Applicant :- Suneel Kumar @ Puneet Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Dubey,Akhilesh Singh,Mahendra Kumar Yadav,Shivam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
(i) the applicant is accused of Sections - 304-B, 498-A I.P.C. and 3/4 D.P. Act;
(ii) against FIR lodged on 02.04.2018, the applicant is in confinement since 05.04.2018 that is for more than three years;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) though chargesheet has already been submitted, there is no hope of early conclusion of the trial;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the FIR has been lodged on misunderstanding and misapprehensions. The marriage between the parties was barely two months old. In such circumstances, referring to post mortem report, there is no injury recorded other than ligature mark due to hanging. Further, it has been submitted that the death is purely suicidal caused by reasons other than matrimonial discord;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
Order Date :- 26.11.2021 Abhilash
2 issues framed by the court
Whether the applicant should be released on bail in a case involving Sections 304-B, 498-A IPC and 3/4 DP Act
Whether there are reasonable grounds to believe the FIR was lodged on misapprehension and there is no risk of tampering with evidence
3 provisions across 2 enactments
Suneel Kumar @ Puneet
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
