Sonu v. State of U.P.
Case brief
What is this about?
Criminal Misc. Bail Application by Sonu, accused in dowry death cases, against State of U.P. Court granted bail allowing release on personal bond with undertakings to appear and avoid causing delays in trial.
What did the court decide?
Accused released on bail upon executing a personal bond and furnishing sureties after normal court functioning; strict conditions imposed regarding attendance and trial conclusion.
What the court decided
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34742 of 2020
Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Nanhe Lal Tripathi,Satish Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in case crime no.191 of 2019, under Section 498A, 304B, 316 IPC and Section 3/4 D.P. Act Police Station-Jakhaura, DistrictLalitpur is seeking enlargement on bail during the trial.
Contention raised by learned counsel for the applicant is that the applicant is husband. The next contention is that the FIR was got registered through 156(3) Cr.P.C. application after three months on 04.12.2019 against the applicant and all his family members. It is next contended that the marriage of the deceased was got solemnized on 26.04.2018 with the applicant and she was on family way. It is alleged in the FIR that dissatisfied by the gift and dowry given in the marriage, she was subject matter of harassment and maltreatment. Fact remains that it is the husband who has informed their counter-part about the alleged incident and the informant Ghanshyam participated in the inquest proceedings after putting his signature. The post mortem report reveals that she was pregnant and was suffering from some gynaecological problem and there was excessive bleeding. As per opinion of the doctor, she was suffering from acute haemorrhage shock due to rapture in the uterus. It seems that she suffered mishap during her pregnancy and which has given a colour of dowry demand. Taking into account that there was no injury over the person and she died due to excessive bleeding, the applicant is entitled to be released on bail. The applicant is languishing in jail since 12.01.2020.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be released on bail despite charges under Sections 498A and 304B IPC.
What conditions should be imposed on the release of the suspect on bail.
Parties & counsel
- applicant
Sonu
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/34742/2020
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