Allowed

Satyaveer v. State of U.P.

Allahabad HC13 Apr 2022BAIL/12317/2022

Case brief

AI extract

What is this about?

The Hon'ble Allahabad High Court allowed a bail application moved by Satyaveer, accused under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act. The court noted the case involves dowry allegations against a father-in-law in a separate living scenario. Observations were made solely for bail disposal.

What did the court decide?

Applicant released on bail on furnishing a personal bond with two sureties subject to conditions of not tampering with evidence, cooperating in trial, and refraining from criminal activity.

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

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12317 of 2022 Applicant :- Satyaveer Opposite Party :- State of U.P. Counsel for Applicant :- Akshaya Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard Shri Akshaya Kumar, learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused/applicant- Satyaveer for grant of bail, in Case Crime 70 of 2021, under Sections 498-A 304-B IPC and 3/4 D.P. Act, Police Station Kurh Fatehgarh, District Sambhal, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case and he has not committed any offence as claimed by the prosecution. It is further submitted that the applicant is father-in-law of the deceased and since the marriage of his son with the deceased, he was not having any concern with the affairs his son and the deceased (wife).

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It is next submitted that general allegation of demand of dowry and committing cruelty in lieu thereof has been levelled in the FIR as well as in the statement of the witnesses, however, no specific role of any kind has been assigned to the instant applicant. The deceased is stated to have been died due to burn injuries as a result of Asphyxia due to ante-mortem burning injuries.

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It is further submitted that infact the deceased had put herself on fire and the case of the applicant is of separate living with his wife Smt. Sarvesh and a Coordinate Bench of this Court vide order dated 15.2.2022 passed in Criminal Misc. Bail Application No. 34661 of 2021 has granted the facility of bail to Smt. Sarvesh (wife of the applicant) and the case of the applicant is identical with that of Sarvesh. The applicant has no criminal history.

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It is further submitted that the applicant is in jail in this case since 2872.2021. Charge sheet in this case has already been submitted and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty.

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Learned A.G.A., however, opposes the prayer for bail on the ground that the applicant has committed an heinous offence but could not confront the factual submissions made on behalf of the applicant.

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Having heard learned counsel for the applicant and having perused the record, it is evident that general allegation of demand of dowry and committing cruelty in liew thereof has been levelled against the applicant and other co-accused person.

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The applicant is the father-in-law of the deceased, the mother-in-law of the deceased, co-accused person, namely Sarvesh has been granted bail by Coordinate Bench of this Court. It is a case of separate living.

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

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Let the applicant - Satyaveer involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail and breach of any of the above conditions shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case.

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Order Date :- 13.4.2022 Arif

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Digitally signed by MOHAMMAD ARIF Date: 2022.04.13 17:48:29 IST Reason: Location: High Court of Judicature at Allahabad

Satyaveer v. State of U.P.

Case brief

What is this about?

What did the court decide?

Satyaveer v. State of U.P.

Case brief

What is this about?

What did the court decide?

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