Allowed

Naresh v. State of U.P.

Allahabad HC1 Sept 2022BAIL/21651/2022

Case brief

AI extract

What is this about?

This High Court Criminal Misc. Bail Application was adjudicated regarding an accused charged with dowry harassment and dowry death. The court allowed bail after noting that witnesses did not substantiate allegations of dowry demand or harassment and accepted the suicide verdict.

What did the court decide?

Applicant released on bail via personal bond and two heavy sureties subject to standard conditions.

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

¶1

Court No. - 76

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21651 of 2022

¶3

Applicant :- Naresh Opposite Party :- State of U.P. Counsel for Applicant :- Nitendra Kumar,Satyam Narayan Counsel for Opposite Party :- G.A.

¶4

Hon'ble Subhash Chandra Sharma,J.

¶5

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

¶6

It is submitted that in this case applicant has been falsely implicated for causing death of sister of the informant who was wedded to this applicant. Further submitted that the applicant has committed no offence. Neither he made demand of dowry nor subjected her to harassment. During the period of lock down the marriage of the deceased was performed with this applicant. The deceased was mentally disturbed and that was the reason she committed suicide by hanging in a room which was found to be locked from inside. It is also submitted that at the time of inquest the dead body of the deceased was taken out from the room bolted from inside where it was hanging from the fan. In post-mortem cause of death of the deceased was found asphyxia as a result of antemortem hanging and no any injury was found on the person. It is also submitted that PW-1 the informant and PW-2 mother have been examined before the learned trial court in which they have not supported the version relating to demand of dowry with deceased and stated clearly that the deceased was never subjected to harassment by this applicant and other members of the family but she was suffering from stomach ache in the period of lock down, being perplexed with the pain she committed suicide by hanging. In this way, there is no evidence on record to substantiate the allegation of demand of dowry and harassment with the deceased. There is no criminal antecedent against the applicant and he is in jail since 13.04.2021, therefore, requested for bail. In case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

¶7

Learned A.G.A. opposed the prayer for bail.

¶8

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the statements as deposed by PW-1 & 2, the post-mortem report of the deceased and without expressing any

¶9

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.

¶10

Let the applicant Naresh involved in Case Crime No.140 of 2021, under Sections 498-A. 304-B, 316 I.P.C. & Section 3/4 D.P. Act, Police Station Talbehat, District Lalitpur, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

¶11

The applicant will not tamper with the evidence during the trial.

¶12

The applicant will not pressurize/ intimidate the prosecution witness.

¶13

The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶14

The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

¶15

The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶16

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶17

Order Date :- 1.9.2022 Ashok Gupta

¶18

Digitally signed by ASHOK KUMAR GUPTA Date: 2022.09.05 16:50:28 IST Reason: Location: High Court of Judicature at Allahabad

Naresh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Naresh 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

Umesh @ Pappu Saroj Vs State of U.P.

Rahul Kumar Vs State of U.P.

Fazil Vs State of U.P.

Naresh@ Jhallu Vs State of U.P. and 3 Others

Kaluwa @ Mustafa Vs State of U.P and 3 Others

Sahil Vs State of U.P.