Allowed

Biranu Kol v. State of U.P.

Allahabad HC25 Nov 2021BAIL/32235/2021

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by Biranu Kol accused of dowry harassment and cognizable offences. Citing unascertained cause of death and prolonged detention, the Court found it fit to grant bail, referencing Data Ram.

What did the court decide?

Applicant to be released on bail upon executing a personal bond and furnishing two sureties, subject to specific conditions regarding tampering, threatening witnesses, appearing in court, and not comm

Biranu Kol Vs State of U.P. — Matrimonial and Divorce | Allahabad HC (2021)

¶1

Court No. - 69

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32235 of 2021

¶3

Applicant :- Biranu Kol Opposite Party :- State of U.P. Counsel for Applicant :- Ram Suphal Shukla Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ajit Singh,J.

¶5

Counter affidavit filed today, is taken on record.

¶6

The exemption application is allowed.

¶7

Heard learned counsel for the applicant and the learned A.G.A.

¶8

This is a bail application on behalf of the applicant Biranu Kol in connection Session Trial No.698 of 2017 in Case Crime No.0131 of 2017, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P.Act, Police Station Khiri, district Prayagraj.

¶9

The first information report of this incident was lodged by the complainant against the applicant and his family members. It was alleged in the first information report that the applicant and his family members were harassing the daughter of the complainant for additional demand of dowry of Rs.50,000/- in cash. It was further alleged that the complainant is a poor person and he was not in a position to fulfil the said dowry demand. It was also mentioned that the complainant got an information over phone that his daughter has been murdered by her in-laws.

¶10

The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that cause of death could not be ascertained. He submitted that viscera was preserved but report of the same has not been received till date. He submitted that the applicant is languishing in jail since 31.05.2017 and trial has not yet been concluded. Hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.

¶11

Learned A.G.A. has opposed the bail plea but has not disputed the fact that applicant is in jail for the last four and half years and trial has not yet been concluded.

¶12

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the period of detention in jail and considering that the post mortem report in which cause of death could not be ascertained, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 , but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

¶13

Accordingly, the bail application stands allowed.

¶14

Let the applicant Biranu Kol involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

¶15

i) The applicant shall not tamper with the prosecution evidence.

¶16

ii) The applicant shall not threaten or harass the prosecution witnesses;

¶17

iii) The applicant shall appear on the date fixed by the trial court; iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

¶18

v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

¶19

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

¶20

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.

¶21

Order Date :- 25.11.2021

¶22

R./

Biranu Kol v. State of U.P.

Case brief

What is this about?

What did the court decide?

Biranu Kol v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Kush Singh Vs State of U.P.

Ravi Vs State of U.P.

Sookar Paswan Vs State of U.P.

Sunny Yadav @ Ahmad Husain Vs State of U.P.

Suresh Vind Vs State of U.P.

Narendra Kumar Yadav Vs State of U.P. and Another