Allowed

Raja Bhaiya v. State of U.P.

Allahabad HC19 Dec 2022BAIL/43414/2022

Case brief

AI extract

What is this about?

This court allowed a bail application filed by the husband of a deceased woman detained under Sections 498A IPC and the Domestic Violence Act for a suicide death. The applicant denied involvement, citing lack of injuries on the body and no prior criminal history, and was released on bond with conditions.

What did the court decide?

Release of the applicant on bail in Case Crime No.36 of 2021 on furnishing a personal bond and two sureties subject to specified conditions.

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

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43414 of 2022

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Applicant :- Raja Bhaiya Opposite Party :- State of U.P. Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.36 of 2021 at Police Station-Pali, District-Lalitpur under Sections 498A, 304B IPC and Section 3/4 of the D.P. Act. The applicant is in jail since 01.04.2021.

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The bail application of the applicant was rejected by the learned Sessions Judge, Lalitpur on 25.08.2022.

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Shri Satyam Narayan, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is the husband of the deceased. The applicant never demanded dowry or did he torture the deceased at any point in time. The applicant is bereaved by the death of his wife. The applicant prays for peace of the departed soul. However for the purpose of the bail application, it is submitted that the deceased was an obstinate and a temperamental lady. She was prone to extreme reactions even on trivial

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issues. On the fateful day, the deceased committed suicide by jumping into the village well after minor disagreement with the family members. The family of the applicant promptly informed the police authorities as well as parents of the deceased after the dead body was recovered in the well since the applicant was too disturbed after the incident. The cause of death as per the post mortem report is ante mortem drowning. The post mortem report does not depict any ante mortem injuries caused by physical assault. The applicant did not abet or instigate the deceased to commit the suicide.

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The applicant does not have any criminal history apart from the instant case. The applicant resides in Lalitpur with his family. The applicant is not a flight risk. The applicant is a law abiding citizen who has cooperated with the police investigation and shall join the trial. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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Shri Sunil Kumar Srivastava, learned A.G.A. could not satisfactorily dispute the aforesaid submissions from the record. He does not contest the criminal history of the applicant as disclosed in the bail application.

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I see merit in the submissions of the learned

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counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Raja Bhaiya be released on bail in the aforesaid case crime number 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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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case any averment made in the bail application or the submissions during the argument are found to be false or in case of breach of any of the above condition, the prosecution shall be at liberty to

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move bail cancellation application before this Court.

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Order Date :- 19.12.2022 Ashish Tripathi

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Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.12.21 12:58:55 IST Reason: Location: High Court of Judicature at Allahabad

Raja Bhaiya v. State of U.P.

Case brief

What is this about?

What did the court decide?

Raja Bhaiya v. State of U.P.

Case brief

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What did the court decide?

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