Allowed

Naresh v. State of U.P.

Allahabad HC30 Aug 2022BAIL/5407/2018

Case brief

AI extract

What is this about?

In this criminal miscellaneous bail application, the High Court considered the plea of an applicant falsely implicated in a dowry death case where the cause of death remained unascertained. The court found a strong prima facie case for bail due to the lack of evidence and released the applicant on personal and surety bonds.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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

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Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5407 of 2018 Applicant :- Naresh Opposite Party :- State of U.P. Counsel for Applicant :- Shashank Tripathi,Ram Krishna Koli,Ram Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,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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Learned counsel for the applicant has submitted that he is innocent and has falsely been implicated in the present case by the informant for causing death of his wife who was married to him in the year 2008 and died in the year 2013. There is allegation of demand of dowry and harassment of the deceased by this applicant. Further submitted that the deceased was suffering from illness and was taken to the hospital where she died. An information in this regard was given to the informant and other members of his family. They also came on the spot and participated in the last rites of the deceased. The dead body of the deceased was buried in the grave yard in the presence of informant and the other members of the family. At that time, no any complaint regarding committing the murder of deceased by this applicant was made. Later on after deliberation and with a motive to extort money from the applicant an F.I.R was lodged on the basis of an application under section 156(3) Cr.P.C with false allegation of causing murder of the deceased by this applicant on the basis of suspicion. There is no any evidence on record to support the allegation as made against this applicant. It is also submitted that after lodging the F.I.R, the dead body of the deceased was exhumed from the grave yard which was in the form of skeleton and was subjected to postmortem but cause of death of the deceased could not be ascertained and D.N.A was taken which was sent to laboratory for examination for the purpose of comparison with the D.N.A of father and brother of the deceased but the report is still pending and could not be obtained by the prosecution till now. The applicant is in jail since 10.8.2017 as having no any criminal antecedent. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned AGA opposed the prayer for bail.

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Keeping in view the nature of allegation and evidence on record, period applicant remained in jail and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail

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application is allowed.

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Let the applicant- Naresh, involved in Case Crime No.610 of 2013, under Sections 498-A, 304-B, 201 I.P.C and 3/4 D.P. ACt, P.S. Naubasta, District Kanpur Nagar 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 following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 30.8.2022

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G.S

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Digitally signed by GHAN SHYAM Date: 2022.09.06 11:42:01 IST Reason: Location: High Court of Judicature at Allahabad

Naresh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Naresh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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