High Court allowed bail application in a matrimonial cruelty and dowry death trial. The applicant father-in-law was released on personal bond and sureties after serving over 11 months of remand, noting his clean antecedents and separation from son.
Released on bail furnished by personal bond and two sureties under specified conditions to appear on trial dates.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3028 of 2022
Applicant :- Shivbaran Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
of the deceased was asphyxia due to antemortem hanging. Except for the ligature mark, autopsy surgeon did not find any other injury on the body of the deceased.
officer proceeded with statutory investigation of aforementioned case crime number in terms of Chapter XII CrPC. He examined the first informant and other witnesses under Section 161 CrPC.
partition had taken place in between the applicant and his son by leaps and bounds. As such, applicant has no concern with the family life of the husband of the deceased. It is thus urged that there is no such material on the record on the basis of which it can be definitely concluded that applicant has abetted in the commission of alleged crime. It is then contended that applicant is a man of clean antecedents inasmuch as he has no criminal history to his credit except the present one. Applicant is in jail since 07.05.2021, as such, he has undergone more than 11 months of incarceration. In case applicant is enlarged on bail, he shall not misuse the liberty of bail and shall cooperate with the trial.
(i) Applicant will not tamper with prosecution evidence.
(ii) Applicant 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.
(iii) Applicant will not indulge in any unlawful activities.
(iv) Applicant will not misuse the liberty of bail in any manner whatsoever.
Order Date :- 4.4.2022 Shahroz
Digitally signed by SHAHROJ ALAM Date: 2022.04.19 13:59:25 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether a father-in-law accused of dowry deaths and cruelty under IPC 498-A and 304-B can be granted bail.
Whether the lack of prior complaints prior to the suicide and the partition of property affect the bail application.
Whether the accused, after over 11 months of incarceration in serious matrimonial offences, qualifies for enlargement on bail.
Shivbaran
State of U.P.
Rajeev Misra
As recorded by the court registry
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