Allowed

Avadhesh Verma S/O Sri Raj Narayan (Third Bail) v. State of U.P. Thru. Prin. Secy. Home Lko

Allahabad HC14 Dec 2022/5322/2022

Case brief

AI extract

What is this about?

In this third bail application, the High Court granted bail to the accused charged with dowry-related murder and dowry death. The court considered the long period of jail remand and released the applicant on bond with conditions. No other prior bail applications are mentioned.

What did the court decide?

Grant of bail on furnishing personal bond and two sureties to the satisfaction of the Court.

Avadhesh Verma S/O Sri Raj Narayan (Third Bail) Vs State… — Domestic Violence | Allahabad HC (2022)

¶1

Court No. - 10

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5322 of 2022

¶3

Applicant :- Avadhesh Verma S/O Sri Raj Narayan (Third Bail) Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Avadhesh Kumar Singh,Dibya Deep Srivastava,Lal Bahadur Khan Counsel for Opposite Party :- G.A.

¶4

Hon'ble Dinesh Kumar Singh,J.

¶5

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

¶6

This is the third bail application. First and second bail applications got rejected by coordinate Benches of this Court vide orders dated 18.8.2021 and 5.5.2022 passed in Criminal Misc. Bail Application Nos.11602 of 2021 and 7137 of 2019 respectively.

¶7

The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR/ Case Crime No.310 of 2017, under Sections 498A and 304-B IPC and Section 3/4 of Dowry Prohibition/ POCSO Act, Police Station Bachhrawan, District Raebareli.

¶8

Accused-applicant is the husband of the deceased-Madhuri. Marriage between the accused-applicant and the deceased took place six years before the date of incident. There is allegation of dowry demand of one motorcycle and Rs.50,000/- as additional dowry. It is alleged that as the parents of the deceased were not in a position to fulfill the dowry demand, accused-applicant and other co-accused killed the deceased.

¶9

Post-mortem of the deceased would suggest that the deceased died after sustaining the burn injuries. Accused-applicant has been in jail since 15.9.2017 and the trial is yet to get concluded.

¶10

Learned AGA has opposed the prayer for bail, but not

¶11

disputed the aforesaid facts.

¶12

Considering the above facts and circumstances of the case and long incarceration of the accused-applicant in jail pending trial, the applicant is entitled to be released on bail.

¶13

Let applicant Avadhesh Verma be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

¶14

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.

¶15

(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 of the Indian Penal Code.

¶16

(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. is issued and the 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 of the Indian Penal Code.

¶17

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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

¶18

be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶19

Order Date :- 14.12.2022 Rao/-

¶20

Digitally signed by CHEBROLU SRINIVASA RAO Date: 2022.12.14 19:28:41 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Avadhesh Verma S/O Sri Raj Narayan (Third Bail) v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

What is this about?

What did the court decide?

Avadhesh Verma S/O Sri Raj Narayan (Third Bail) v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Faiz Khan @ Ziaul Vs State of U.P.

Bramha Prakash Tiwari Vs State of U.P. Thru. Central Bureau of Investigation /Anti Co.

Anil Kumar Mishra Vs State of U.P. Thru Prin.Secy. Home

Subhash Lodh Vs State of U.P. through Principle Secretary Home, Civil Secretariat, Lucknow

Satyam Yadav S/O Moti Lal Vs State of U.P. Thru. Prin. Secy. Deptt. Home and 3 Others

Buin Urf Gudun Urf Arjun Kumar S/O Sadashiv Yadav Vs State of U.P. Thru. Prin. Secy. Home