Allowed

Kunwarpal v. State of U.P.

Allahabad HC9 Jun 2021BAIL/20255/2021

Case brief

AI extract

What is this about?

Court allowed bail application filed by Kunwarpal, father-in-law of deceased, accused in Dowry Death case. Applicant claimed innocence and lack of motive; court noted no criminal history and reasonable apprehension of witness tampering, granting bail with standard conditions.

What did the court decide?

Release on bail via personal bond and two sureties subject to conditions regarding evidence tampering and witness intimidation.

Kunwarpal Vs State of U.P. — Domestic Violence | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20255 of 2021

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Applicant :- Kunwarpal Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Pal Singh,Narendra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.

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Contention raised on behalf of the applicant is that the applicant is the father-in-law '(sasur)' of the deceased. The applicant is innocent and has been falsely implicated in the present case. Absolutely vague and baseless allegations have been levelled against him. The case of the applicant is based on separate living and there was no occasion or motive for the applicant to indulge in any such crime. He has no concern with the so called demand of dowry and he is not the beneficiary of the same. The applicant never raised any demand for dowry. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 05.03.2021.

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

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Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.

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Accordingly, bail application is allowed.

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Let the applicant - Kunwarpal involved in Case Crime No. 53 of 2021, under Sections - 498-A, 304-B, 365, 201 I.P.C. and Section 3/4 D.P. Act, Police Station - Shahpur, District - Muzaffarnagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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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 computer generated copy of such order shall be self attested by counsel of the party concerned.

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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 the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 9.6.2021 S Rawat

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Digitally signed by Justice Arvind Kumar Mishra Date: 2021.06.11 17:25:27 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Kunwarpal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kunwarpal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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