Allowed

Parmanand Mourya v. State of U.P.

Allahabad HC1 Feb 2021BAIL/5770/2021

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant, Parmanand Mourya, in a crimes case involving Sections 498-A I.P.C. and Dowry Prohibition Act. The bench finds prima facie grounds for bail, noting the absence of significant injuries on the deceased and lack of direct beneficiary status, while imposing strict conditions to ensure trial attendance.

What did the court decide?

Release on bail with personal bond and two sureties (later provisod to be posted after court restoration) under strict conditions regarding trial attendance and completion within one year.

Parmanand Mourya 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. - 5770 of 2021

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Applicant :- Parmanand Mourya Opposite Party :- State of U.P. Counsel for Applicant :- Hira Lal Singh(Kushwaha) Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard Sri Hira Lal Singh (Kushwaha), learned counsel for the applicant, Sri Anand Kumar Singh, learned counsel for the informant 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. 41 of 2020, under Sections 498-A, 304-B, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Shahabganj, District- Chandauli is seeking enlargement on bail during the trial. The applicant is in jail since 6.8.2020.

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Contention raised by learned counsel for the applicant is that in the F.I.R. there is an unspecified amount of alleged demand of additional dowry and in the statements under Section 161 Cr.P.C. the parents of the deceased have toed the same line that on account of some amount as an additional dowry, their daughter was maltreated. Fact remains that the deceased died on account of hanging and except ligature mark around the neck, there is no other significant mark of injury on the person of the deceased. The applicant is the Dewar of the deceased and he could not be said to be the beneficiary of the alleged demand of additional dowry.

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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- Parmanand Mourya , who is involved in Case Crime No. 41 of 2020, under Sections 498-A, 304-B, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Shahabganj, District- Chandauli, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to

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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 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 :- 1.2.2021 Vikas

Parmanand Mourya v. State of U.P.

Case brief

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Parmanand Mourya v. State of U.P.

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