Allowed

Kannauji Lal and Another v. State of U.P.

Allahabad HC3 Feb 2022BAIL/1016/2022

Case brief

AI extract

What is this about?

High Court Court No. 88 granted bail to father-in-law and mother-in-law accused in a dowry death case where the deceased committed suicide. Bail conditioned with sureties and specific undertakings regarding trial attendance and non-tampering with evidence.

What did the court decide?

Applicants to be released on bail on furnishing personal bond and two sureties with conditions to appear in court and not tamper with evidence.

Kannauji Lal and Another Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2022)

¶1

Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1016 of 2022 Applicant :- Kannauji Lal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.

¶2

Hon'ble Samit Gopal,J.

¶3

The Court is convened through video conferencing.

¶4

Heard Sri Arvind Kumar, learned counsel for the applicants, Sri Ankit Srivastava, learned counsel for the State and perused the material on record.

¶5

This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants Kannauji Lal and Sonavati, seeking enlargement on bail during trial in connection with Case Crime No. 316 of 2021, under Sections 498-A, 304B IPC and 3/4 D.P. Act, registered at P.S. Talgram, District Kannauj.

¶6

Learned counsel for the applicants argued that the applicants are the father-in-law and mother-in-law respectively of the deceased Smt. Anjani Rajpoot. It is argued that the deceased committed suicide and died which is suggestive from the postmortem examination report in which doctor has found incomplete ligature mark on her body without any other external mark of injury and has opined the cause of death is asphyxia as a result of antimortem hanging. It is further argued that after the death of the deceased, the first informant gave an application on 27.11.2021 itself to the police stating therein that his cousin sister Smt. Anjani Rajpoot who is the deceased has committed suicide by hanging herself from a clamp on the roof in the house at about 09:00 am and her postmortem to be got done. On the said information, the postmortem examination was directed to be done, later on the present First Information Report has been lodged on 27.11.2021 at 14:45 hrs by the same person who initially gave the application to the police informing about the deceased committing suicide, alleging false and baseless allegations against the applicants, Tota Ram and Ram Ladaite the husband of the deceased as the accused.

¶7

It is further argued that the marriage of Ram Ladaite the son of the applicants with the deceased Smt. Anjani Rajpoot was solemnized around three years back. The story regarding the demand of dowry is false and baseless. There are general and omnibus allegations in the First Information Report against the

¶8

applicants. Ram Ladaite the husband of the deceased is in jail. The applicant no. 1 is aged about 62 years and applicant no.2 is aged about 58 years. Para 17 has been placed before the Court to buttress the said argument. It is argued that the deceased and Ram Ladaite the husband of the deceased were leading a happy married life as is evident from the fact that from the wedlock, a male child was born five months back. It is further argued that applicant no.2 is a lady and she is entitled to the benefit of Section 437 Cr.P.C. He further argued that the applicants have no criminal history as stated in para 17 of the affidavit and are in jail since 29.11.2021.

¶9

Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicants are named in the First Information Report and there are allegations against them.

¶10

After having heard learned counsels for the parties and perusing the records, it is evident that the applicants are the father-in-law and mother-in-law respectively of the deceased. The postmortem examination states of an incomplete ligature mark on the body of the deceased without any other bodily injury. The cause of death is asphyxia as a result of hanging. The initial application given by the first informant to the police states of the deceased committing suicide. Subsequently, the present First Information Report has been lodged. Ram Ladaite the husband of the deceased is in jail.

¶11

Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicants may be enlarged on bail.

¶12

Let the applicants Kannauji Lal and Sonavati , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

¶13

i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

¶14

ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

¶15

(iii) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of

¶16

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.

¶17

(iv) The applicants will not misuse the liberty of bail in any manner whatsoever. In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under section 82 Cr.P.C., may be issued and if applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under section 174-A I.P.C.

¶18

(V) The applicants 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 applicants are 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 them in accordance with law and the trial court may proceed against them under Section 229A IPC.

¶19

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicants.

¶20

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.

¶21

The bail application is allowed.

¶22

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

¶23

The computer generated copy of such order shall be self attested by the counsel of the party concerned.

¶24

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.

¶25

Order Date :- 3.2.2022 M. ARIF

¶26

(Samit Gopal, J.)

Kannauji Lal and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kannauji Lal and Another v. State of U.P.

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

Murtaza Ali Vs State of U.P.

Sattar Vs State of U.P.

Noor Hasan Vs State of U.P.

Ram Raj Vs State of U.P.

Vinod Singh Yadav Vs State of U.P.

Pawan @ Chhatrapal Vs State of U.P.