Allowed

Mahendrapal v. State of U.P.

Allahabad HC19 Nov 2022BAIL/50143/2021

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 50143 of 2021, the Allahabad High Court granted bail to Mahendrapal in a dowry-related case under Sections 498A and 304B IPC. The court reduced the non-bailable offence to bailable categories based on the nature of evidence and medical reports, relying on Dataram Singh.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties.

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

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50143 of 2021

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Applicant :- Mahendrapal Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Sharma,Dharmendra Dhar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,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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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 274 of 2020, under Sections 498A, 304B of I.P.C. and 3/4 Dowry Prohibition Act, P.S. Moosajhag, District Budaun, during pendency of the trial.

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Inspite of time granted to learned A.G.A. to file counter affidavit he is not filed counter affidavit till date.

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Learned counsel for the applicant submits that applicant has been falsely implicated in the present case. It is further argued by the learned counsel for the applicant that allegations levelled against the applicant of committing murder of the deceased is false and baseless as it has been found in the post mortem report that cause of death was hanging. It is next contended that as per medical examination report no internal and external injury has been found on the body of the deceased. It is also submitted that there is general allegation of demand of dowry against the accused person. There is no specific role assigned to the applicant. Learned counsel for the applicant submits that all witnesses have become hostile. There is no criminal history of the applicant. The applicant is languishing in jail since 13.10.2020 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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

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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

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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.

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The bail application is allowed.

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Let the applicant, Mahendrapal, 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.

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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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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 :- 19.11.2022 Neetu

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Digitally signed by NEETU SINGH Date: 2022.11.22 15:15:25 IST Reason: Location: High Court of Judicature at Allahabad

Mahendrapal v. State of U.P.

Case brief

What is this about?

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Mahendrapal v. State of U.P.

Case brief

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