Sonu v. State of U.P.
Case brief
What is this about?
The High Court allowed bail to the accused in a crime involving dowry demand and cruelty allegations. The bail was granted on personal bond with two sureties and specific conditions to prevent witness tampering and ensure court attendance.
What did the court decide?
Applicant released on bail on personal bond with two reliable sureties, provided no tampering with evidence or witnesses, and adherence to court dates including Section 313 Cr.P.C.
What the court decided
Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5133 of 2022 Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Tufail Hasan Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Supplementary affidavit filed in the Court today is taken on record.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 224 of 2021, under Sections498-A, 494, 420 I.P.C. & 3/4 Dowry Prohibition Act, Police Station-Matsena, District Firozabad.
Learned counsel for the applicant submitted that accusedapplicant is innocent and has been falsely implicated in the instant case. Submission of learned counsel for the applicant is that the allegations pertaining to demand of dowry and cruelty by the applicant on account of non-fulfillment of the said demand are completely false. It is submitted that the marriage of informant with the applicant was solemnized without demand of dowry and out of the wedlock they were blessed with two children and they are living happily together.
He submitted that some dispute arose on account of relationship of applicant with one Ms. Vasundhra and on coming to know about the relationship, Ms.Vimlesh wife of the applicant has lodged the present FIR.
Learned counsel for the applicant, based upon the supplementary affidavit, submitted that it appears that the dispute between the informant and applicant has now been settled and presently the informant-Vimlesh is living at the house of the applicant with her children as also Mother-in-Law and Father-in-Law. In these circumstances of the case as also taking note of the fact the applicant is in jail since 29.11.2021 and the possibility of conclusion of trial in near future is extremely bleak, the applicant is entitled to be released on bail.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail considering the relationship dispute leading to false implications.
Whether the applicant can be released on personal bond without apprehension of escaping or tampering with evidence.
Whether the applicant should be directed to cooperate in the expeditious disposal of the case without seeking adjournments.
Parties & counsel
- applicant
Sonu
Coram
Saurabh Lavania
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/5133/2022
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