Allowed

Kaptan Singh v. State of U.P.

Allahabad HC15 Nov 2022BAIL/41407/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a dowry death case involving IPC Sections 323, 498-A, 304-B and the Dowry Prohibition Act. Finding the applicant falsely implicated as father-in-law with no specific role assigned, the Court ordered release on personal bond and two sureties with conditions.

What did the court decide?

Released on bail on furnishing a personal bond and two reliable sureties of the like amount on terms specified in the order.

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

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41407 of 2022

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Applicant :- Kaptan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Purushottam Dixit,Jawahir Yadav,Jitendra Kumar,Keshav Hari Dixit Counsel for Opposite Party :- G.A.,Kuldeep Singh Yadav

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State, Shri Kuldeep Singh Yadav, learned counsel for the first informant and perused the record.

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This bail application has been filed by the applicant seeking bail in Case Crime No. 60 of 2022, under Section 323, 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, Police Station Basrehar, District Etawah, during pendency of trial.

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Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case only on account of being the father-in-law of the deceased. The applicant's son Sunny was married to the deceased on 29.06.2020.

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Learned counsel for the applicant has next submitted that general and false allegation of demand of additional dowry has been made against the applicant and no specific allegation of torturing the deceased has been made against him.

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Learned counsel for the applicant has next drawn the attention of the Court to the post-mortem report of the deceased, wherein except ligature mark, there is no other injury on the person of the deceased and the cause of death has been noted to be ante-mortem hanging.

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Learned counsel for the applicant has next submitted that the applicant is in jail since 01.07.2022 and has no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means. There is no chance of applicant fleeing away from judicial process or tampering with the evidence, as such, he be released on bail.

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Per contra, learned A.G.A. as well as learned counsel for the first informant has opposed the prayer for bail but

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could not dispute the aforesaid facts and the fact that general allegation of demand of additional dowry has been made against the applicant and the victim died on account of hanging.

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Having considered the rival submissions made by learned counsel for the parties and from perusal of the record, it is evident that the applicant has been falsely implicated in the present case only on account of being the father-inlaw of the deceased and the applicant's son Sunny was married to the deceased on 29.06.2020. General and false allegation of demand additional dowry has been made against the applicant and he has not been assigned any specific role to play in the said incident.

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Perusal of the post-mortem report shows that except ligature mark, there is no other injury on the person of the deceased and the cause of death has been noted to be ante-mortem hanging. The applicant is in jail since 01.07.2022 and has no criminal history to his credit. The charge-sheet has already been submitted and there is no chance of applicant fleeing away from judicial process or tampering with the evidence.

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In the backdrop of the aforesaid facts and circumstances, I am of the view that the applicant has made out a case for bail. Let the applicant Kaptan Singh be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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The applicant shall not tamper with the witnesses.

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The applicant shall not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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The bail application is accordingly allowed.

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Order Date :- 15.11.2022 Nadim

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Digitally signed by NADIM ALAM Date: 2022.11.15 16:31:11 IST Reason: Location: High Court of Judicature at Allahabad

Kaptan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kaptan Singh v. State of U.P.

Case brief

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What did the court decide?

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