Allowed

Kishan Alias Nandu Maurya v. State of U.P.

Allahabad HC19 Sept 2022BAIL/31032/2022

Case brief

AI extract

What is this about?

This court granted bail to the applicant, accused under Sections 498A, 304B IPC and the Dowry Prohibition Act. The court accepted submissions alleging false Dowry Prohibition Act implicate ion and prosecution delay as grounds for bail, without expressing a final opinion on the merits of the suicide case.

What did the court decide?

Released on bail on furnishing personal bond and two sureties, subject to standard conditions of not tampering with evidence, intimidating witnesses, and committing similar offences.

Kishan Alias Nandu Maurya Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31032 of 2022

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Applicant :- Kishan Alias Nandu Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.,Jalaj Kumar Kushwaha,Ray Sahab Yadav

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Hon'ble Subhash Chandra Sharma,J.

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

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It is submitted that applicant has been falsely implicated in this case for making demand of dowry and harassment of the deceased who was his wedded wife. Further submission is that the deceased was under training of nursing at Bareilly and was making pressure on the applicant to live with her leaving her parents on which this applicant did not agree that was the reason she consumed poison to commit suicide. It is further submitted that no demand of dowry or harassment was made with the deceased by this applicant. After deceased consumed poison she was brought to the hospital by the father of the applicant then she was discharged by her brother though she was under treatment and her position was critical. Again this applicant tried his best to provide proper treatment to the deceased and took her to the district hospital but she could not be saved. During post-mortem no injury was found on the person of the deceased and at the time of last rights of the deceased all members of both the families were present but no such allegation was formed at the time but after three days of the alleged incident F.I.R. was lodged with false allegations of demand of dowry and harassment with ulterior motive. Criminal history has been explained through supplementary affidavit. Applicant has committed no offence even though he is in jail since 21.10.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned counsel for the complainant and learned A.G.A. has opposed the prayer for bail and urged that the applicant is the husband of the deceased and he made harassment of the deceased and that was the reason she committed suicide for poison. He is not entitled for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the

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parties 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.

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Let the applicant- Kishan Alias Nandu Maurya, involved in Case Crime No.146 of 2021, under Sections 498A, 304B I.P.C. and section 3/4 Dowry Prohibition Act, P.S. Sadar Bazar, District Shahjahanpur, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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

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The applicant will not pressurize/ intimidate the prosecution witness.

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

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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.

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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.

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

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Order Date :- 19.9.2022 Shiv

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Digitally signed by SHIV KUMAR SHARMA Date: 2022.09.20 10:33:18 IST Reason: Location: High Court of Judicature at Allahabad

Kishan Alias Nandu Maurya v. State of U.P.

Case brief

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What did the court decide?

Kishan Alias Nandu Maurya v. State of U.P.

Case brief

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