Allowed

Mohit Tripathi v. State of U.P.

Allahabad HC10 Jun 2022BAIL/15683/2022

Case brief

AI extract

What is this about?

In this bail application, the Allahabad High Court granted bail to the applicant, husband of the deceased in a dowry-related suicide case, subject to a personal bond, two local sureties, and strict conditions regarding trial attendance and non-interference with witnesses, noting the applicant's father's medical condition.

What did the court decide?

Released on bail on furnishing a personal bond and two local sureties subject to conditions regarding trial attendance and non-tampering with evidence.

Mohit Tripathi Vs State of U.P. — Domestic Violence | Allahabad HC (2022)

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Court No. - 48

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15683 of 2022

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Applicant :- Mohit Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.,Kundan Mishra

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.517 of 2021, under Sections 304-B, 498-A I.P.C. & Sections 3/4 Dowry Prohibition Act, Police Station Sahibabad, District Ghaziabad.

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Learned counsel for the applicant submits that applicant is the husband of the deceased Snehlata. He further submits that father of the applicant suffering from the paralysis attack and there is no one, who can look after him. He further submits that as per F.I.R. version, in-laws harassed the deceased. He submits that due to family discord, she committed suicide. He further submits that the marriage of the deceased was solemnized on 05.05.2017 with the applicant and as per Page 14 of the supplementary affidavit on 16.08.2016 before marriage, victim shared a status on her Facebook account "God, I want to Kill Myself", which indicates that the victim was of depressed mentality before her marriage. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 02.04.2021.

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Per contra, learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant by submitting that applicant is husband of the deceased and due to harassment of the applicant and other family members, she committed suicide, therefore, he is not entitled for bail.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, status of her Facebook account before her marriage, father of the applicant suffering

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from paralysis attack and ground that no one in the family is to look after him, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Mohit Tripathi involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.

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(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.

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(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.

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(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.

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Order Date :- 10.6.2022 Zafar

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Digitally signed by MOHAMMAD ZAFAR ANSARI Date: 2022.06.11 16:46:57 IST Reason: Location: High Court of Judicature at Allahabad

Mohit Tripathi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohit Tripathi v. State of U.P.

Case brief

What is this about?

What did the court decide?

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