Sonu v. State of U.P.
Case brief
What is this about?
In Criminal Misc. Bail Application No. 12341 of 2022, the Allahabad High Court allowed the bail application of Sonu, a male relative of the deceased accused in an Section 304-B IPC case, imposing standard bail conditions.
What did the court decide?
Release on bail by personal bond and two sureties subject to standard conditions.
What the court decided
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12341 of 2022
Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Akshaya Kumar Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Supplementary affidavit filed today by learned counsel for applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case being devar of the deceased. Applicant was living with his mother separately from the deceased and her husband. There was no interest for making demand of dowry and harassment on the part of this applicant. He has been roped in this case with ulterior motive by the informant. There is no criminal history against the applicant. He is languishing in jail since 24.1.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the fact that the applicant is devar of the deceased & was living separately and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail on the facts and circumstances of a dowry death case.
Whether the applicant can furnish a personal bond and two sureties to secure release on bail.
Parties & counsel
- applicant
Sonu
- respondent
State of U.P.
Coram
Subhash Chandra Sharma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/12341/2022
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