Allowed¶11

Sachin v. State of U.P.

Allahabad HC23 Aug 2022BAIL/3408/2022

Case brief

AI extract

What is this about?

Allahabad High Court, Siddharth J., 23.8.2022; Crl. Misc. Bail Application No. 3408 of 2022 (Sachin v. State of U.P.); bail granted in Case Crime No. 103 of 2021 under Sections 498-A, 304-B IPC and section 3/4 Dowry Prohibition Act; key facts: informant-father hostile, accused in custody since 20.7.2021, no criminal history; precedents relied on: Dataram Singh v. State of U.P. (2018)3 SCC 22; Satendra Kumar Antil v. C.B.I., S.L.P. (CRL.) No. 5191 of 2021 (11.7.2022); conditions imposed incl. Section 313 Cr.P.C. appearance; breach ground for cancellation.

What did the court decide?

Applicant to 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 stated conditions; sureties to be verified before release order. ¶11

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

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3408 of 2022

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Applicant :- Sachin Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A.

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The instant bail application has been filed on behalf of the applicant, Sachin, with a prayer to release him on bail in Case Crime No. 103 of 2021, under Sections 498-A,304-B IPC and section 3/4 of Dowry Prohibition Act Police Station Raksa, District- Jhansi, during pendency of trial.

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There is allegation of causing dowry death against the applicant, who is husband of the deceased.

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Learned counsel for the applicant has submitted that informant, who is father of the deceased has turned hostile before the court below.He has not supported the prosecution case. The applicant is in jail since 20.7.2021 and has no criminal history.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and recent judgement dated 11.7.2022 of the Apex Court in the case of Satendra Kumar Antil Vs. C.B.I., passed in S.L.P. (CRL.) No. 5191 of 2021 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 be released on bail on his furnishing a personal bond and two sureties each

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in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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That 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 ofÏcer;

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The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.

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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 default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 23.8.2022

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Atul kr. sri.

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Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.08.23 18:12:57 IST Reason: Location: High Court of Judicature at Allahabad

Sachin v. State of U.P.

Case brief

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Sachin v. State of U.P.

Case brief

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