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

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

What the court decided

AI extract

Outcome

Release of applicant Sunil on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions of non-tampering with prosecution evidence, sincere cooperation in trial without adjournments, and abstention from criminal activity; sureties to be verified before the release order.

Issue for consideration

Whether the applicant Sunil, accused in Case Crime No. 577 of 2015 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Auraiya, District Auraiya, should be released on bail during pendency of the trial.

Court's answer

Considering the entire facts and circumstances, submissions of counsel, nature of offence, evidence and complicity of the accused, and without expressing any opinion on the merits, and keeping in view the mandate of the Apex Court in Dataram Singh (2018) 3 SCC 22, the Court held that the applicant has made out a case for bail and allowed the bail application.

Ratio / Principle

The applicant Sunil is 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 conditions; sureties to be verified before issuance of the release order.

Key takeaways

Bail was made subject to conditions: the applicant shall not tamper with prosecution evidence or intimidate/pressurize witnesses, shall cooperate in the trial sincerely without seeking adjournments, and shall not indulge in any criminal activity after release; breach of any condition shall be a ground for cancellation of bail.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Shekhar Kumar Yadav, J.; Order Date 17.11.2022) allowed the bail application of Sunil, accused in Case Crime No. 577 of 2015 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Auraiya, District Auraiya, who was in jail since 16.11.2015. Without expressing any opinion on the merits, and keeping in view the mandate of the Apex Court in Dataram Singh v. State of U.P., (2018) 3 SCC 22, the Court held that the applicant had made out a case for bail and directed his release on a personal bond with two sureties each in the like amount, subject to verification of sureties and conditions that he not tamper with prosecution evidence or intimidate witnesses, cooperate in the trial sincerely without seeking adjournments, and refrain from criminal activity, breach of any condition being a ground for cancellation of bail.

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35427 of 2020

Applicant :- Sunil Opposite Party :- State of U.P. Counsel for Applicant :- Awadh Bihari Pandey,Gyanendra Pratap Sharma

Counsel for Opposite Party :- G.A.,Pratap Kanchan Singh

Hon'ble Shekhar Kumar Yadav,J.

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

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 577 of 2015, under Sections 498A, 304B of I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Auraiya, District Auraiya, during pendency of the trial.

It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. He further submits that neither the applicant has tortured the deceased for demand of any dowry nor he committed the murder of his wife. Then, it is argued that the applicant has not committed any offence as alleged against him but due to malafide intention the informant lodged the present false FIR against the applicant and his other family members only to harass on the allegation which is totally false and concocted. He further submits that actually the victim was generally making pressure upon the applicant for living separately but the applicant was not and refused the same because his parents are old age that is why she committed suicide. The applicant is languishing in jail since 16.11.2015 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

Learned A.G.A. has opposed the bail prayer of the applicant.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Sunil, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each 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.

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

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

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

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

Order Date :- 17.11.2022 Neetu

Digitally signed by NEETU SINGH Date: 2022.11.19 15:51:15 IST Reason: Location: High Court of Judicature at Allahabad