Allowed

Krishna Kumar Alias Babloo S/O Hari Karan (Second Bail) v. State of U.P. Thru. Secy. Home Lko.

Allahabad HC8 Dec 2022/7787/2022

Case brief

AI extract

What is this about?

The court granted bail to the applicant, husband-of-deceased, in a dowry-death case. Considering the nature of the offence and the length of imprisonment pending trial, the applicant was released on furnishing a personal bond and two sureties under Section 439 Cr.P.C. with conditions to appear in court.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties in like amount with specific conditions for attendance.

Krishna Kumar Alias Babloo S/O Hari Karan (Second Bail)… — Domestic Violence | Allahabad HC (2022)

¶1

Court No. - 10

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7787 of 2022

¶3

Applicant :- Krishna Kumar Alias Babloo S/O Hari Karan (Second Bail) Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Pankaj Kumar Tripathi,Mohd. Shahid Akhtar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Dinesh Kumar Singh,J.

¶5

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

¶6

The present application under Section 439 Cr.P.C. has been filed by the applicant Krishna Kumar alias Babloo S/o Hari Karan seeking bail in FIR/ Case Crime No. 402 of 2019, under Sections 498A, 304B, IPC, and section 3/4, Dowry Prohibition Act, 1961, Police Station Sandana, District Sitapur.

¶7

Accused-applicant is the husband of Maya Devi, deceased. Marriage between them had taken place in the year 2016. The deceased died because of asphyxia due to antemortem hanging. It is further alleged that the deceased was pregnant when she died. Allegation against the accused-applicant is that he and other in-laws tortured and suggested the deceased for dowry demand and they killed the deceased on 16/17 of December, 2019.

¶8

The postmortem report would suggest only ligature mark and as mentioned above the cause of death is asphyxia due to antemortem hanging. The accused-applicant is in jail since 3rd of January 2020 and the learned counsel for the accusedapplicant has submitted that the deceased has committed suicide as she was unable to conceive. The trial has commenced. Some witnesses of fact have been examined.

¶9

Considering the nature of offence and postmortem report and the fact that the accused-applicant has been in jail for almost three years pending trial, this court finds it appropriate to enlarge the accused-applicant on bail.

¶10

Let applicant Krishna Kumar alias Babloo S/o Hari Karan 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 :-

¶11

(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

¶12

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.

¶13

(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.

¶14

(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.

¶15

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

¶16

( Dinesh Kumar Singh, J. )

¶17

Order Date :- 8.12.2022 A.Nigam

¶18

Digitally signed by ANUJ NIGAM Date: 2022.12.13 18:20:39 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Krishna Kumar Alias Babloo S/O Hari Karan (Second Bail) v. State of U.P. Thru. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Krishna Kumar Alias Babloo S/O Hari Karan (Second Bail) v. State of U.P. Thru. 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

Amarjeet Vs Central Bureau of Investigation

Kuldeep Prajapati Vs State of U.P. through Principal Secretary Home, Civil Secretriat Lucknow

Kripa Shankar Yadav Vs State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko.

Shivam Chaurasia Vs State of U.P. Thru. Secy. Home Deptt. Lko and Others

Ram Bilash S/O Bharat Yadav (Second Bail) Vs State of U.P. Thru. Secy. Home Lko. and 3 Others

Ram Niwas S/O Bhanjan Kaulik Vs State of U.P. Thru Addl Chief Secy Deptt of Home Govt U.P. Civil Sectt Lko