Allowed

Nathu Lal v. State of U.P.

Allahabad HC22 Jan 2021BAIL/4689/2021

Case brief

AI extract

What is this about?

An application for bail was filed by Nathu Lal, a father-in-law charged with dowry-related offences. The court observed that the deceased died due to poisoning and the applicant was not a beneficiary of the alleged dowry demand. Balancing the interests of justice and the nature of the case, the bail application was allowed. The applicant was directed to execute a personal bond without sureties ini

What did the court decide?

Allowed bail by executing a personal bond with two sureties to be furnished within a month after normal functioning of courts is restored.

Nathu Lal Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2021)

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4689 of 2021

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Applicant :- Nathu Lal Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard Sri Anuj Bajpai, learned counsel for the applicant as well as learned A.G.A for the State and perused the record.

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By means of this application, the applicant who is involved in Case Crime No. 08 of 2020, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Ram Chanra Mission, District- Shahjahanpur is seeking enlargement on bail during the trial. The applicant is in jail since 14.9.2020.

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Contention raised by learned counsel for the applicant is that though the deceased was married about seven months back, but a general role has been attributed to all the family members of the husband for a demand of bullet motorcycle. The applicant is the father-in-law of the deceased who separately resides (Ration Card dated 4.1.2019 is annexed as Annexure-5 to the petition). It is further contended that she has died after consuming some poisonous substance. By no stretch of imagination, the fatherin-law cannot be said the beneficiary of the bullet motorcycle by way of additional dowry. Further more, it is contended that the applicant has separate and distinct entity altogether. Husband is in jail. There is i nter se relationship between husband and wife and the husband can be said to be the best beneficiary of additional dowry in the shape of bullet motorcycle.

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Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts.

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Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.

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Let the applicant- Nathu Lal , who is involved in Case Crime No. 08 of 2020, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Ram Chanra Mission, District- Shahjahanpur, be released on bail on his

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furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES ARE PRESENT IN COURT. IN CASE OF DEFAULT OF THIS CONDITION, IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT IT AS ABUSE OF LIBERTY OF BAIL AND PASS ORDERS IN ACCORDANCE WITH LAW.

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(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS COUNSEL. IN CASE OF HIS ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM UNDER SECTION 229-A I.P.C.

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(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A I.P.C.

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(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 Cr.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANT IS DELIBERATE OR WITHOUT SUFFICIENT CAUSE, THEN IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT SUCH DEFAULT AS ABUSE OF LIBERTY OF BAIL AND PROCEED AGAINST HIM IN ACCORDANCE WITH LAW.

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(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.

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In case of breach of any of the above conditions, it shall be a

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ground for cancellation of bail.

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Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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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 the 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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Order Date :- 22.1.2021 Vikas

Nathu Lal v. State of U.P.

Case brief

What is this about?

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Nathu Lal v. State of U.P.

Case brief

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