Udal v. State of U.P.
Case brief
What is this about?
A single judge granted bail to an applicant accused of crimes under Sections 498-A and 304-B IPC and the Dowry Prohibition Act. The court disposed of the matter allowing bail on terms without delving into the merits of the case.
What did the court decide?
The applicant was released on bail upon furnishing a personal bond and two sureties, subject to conditions regarding behavior and lockdown adjustments.
What the court decided
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22024 of 2021
Applicant :- Udal Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
This bail application has been preferred by the accused-applicant -Udal, who is involved in Case Crime No. 466 of 2018, under Sections 498-A, 304-B, I.P.C. & 3/4 of D.P. Act, Police Station- Khoda, DistrictGhaziabad.
Learned counsel for the applicant submits that applicant is innocent and falsely been implicated in this case; that the applicant is father-in-law of the deceased Mithilesh; that general role has been assigned to the applicant; there there is no independent witness of the alleged incident; that as per the allegation made in the F.I.R. the deceased had been tortured by the applicant and his family members but no such information/complaint was given to police prior to the alleged incident; that as per the post-mortem report of the deceased, cause of death was Asphyxia as a result of hanging; submission of learned counsel for the applicant is that during trial Viran, the informant, examined as P.W.-1, has not supported the prosecution case. Further submission is that in the similar set of facts co-accused Sonu, brother-in-law of the deceased, has been granted bail by coordinate Bench of this Court vide order dated 23.11.2020 passed in Crl. Misc. Bail Application No. 39179 of 2020 . It is lastly submitted that the applicant has no criminal history, he is languishing in jail since 27.9.2018 and in case he is released on bail he will not misuse the liberty of bail.
Issues for consideration
3 issues framed by the court
Whether the accused applicant is entitled to bail in an offense under Sections 498-A and 304-B IPC involving the death of a wife by hanging.
Whether the lack of independent witnesses and absence of prior complaint to police support the grant of bail.
Whether the discretion to grant bail despite the severity of the offense should be exercised considering the accused's conduct and lack of criminal history.
Parties & counsel
- applicant
Udal
- respondent
State of U.P.
Coram
Umesh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/22024/2021
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