Allowed

Rambahadur Patel v. State of U.P.

Allahabad HC22 Apr 2022BAIL/6537/2022

Case brief

AI extract

What is this about?

In a bail application under Criminal Misc. Bail Application No. 6537 of 2022 concerning a dowry death, the Allahabad High Court allowed the applicant, Rambahadur Patel, to be released on bail during trial, distinguishing his role from the husband.

What did the court decide?

Releases the applicant on bail by executing a personal bond and furnishing two sureties in the amount satisfactory to the court concerned, subject to conditions of attendance and non-inducement.

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

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Court No. - 84

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6537 of 2022

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Applicant :- Rambahadur Patel Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Monis Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 427 of 2020, under sections 498A, 304B, 328 I.P.C. and section 3/4 Dowry Prohibition Act, P.S. Uttraon, district-Allahabad, is seeking enlargement on bail during the trial.

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The first information report was lodged by the informant about the dowry death of his daughter against his son-in-law and his other family members.

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Learned counsel for the applicant submits that the applicant is the fatherin-law of the deceased Poonam Patel. Marriage between the deceased and Dhru Kumar was solemnized on 9.6.2019. The victim died in her matrimonial home on 10.9.2020. Only general allegations have been made against the deceased's husband and his other relatives on account of non fulfillment of additional demand of dowry of Rs. 2,00,000/- (Rs. two lacs) cash and gold ornaments, the deceased was maltreated and tortured in her matrimonial home by her husband and his other family members and ultimately done to death. Further submission is that from the medical report of the deceased, it transpired that she had consumed poison and foam was coming out of her mouth. It is next submitted that the victim had committed suicide but the prosecution had tried to give it a colour of dowry death. He also submits that the applicant cannot be said to be the beneficiary of the additional dowry allegedly demanded by co-accused Dhru Kumar, husband of the deceased and his role is clearly distinguishable from that of the husband. He also submits that other coaccused Smt. Meena Devi, who is the mother-in-law of the deceased has already been enlarged on bail by another Bench of this Court vide 23.3.2021. He lastly submits that the applicant, who is in jail since 29.9.2021 and has no criminal antecedents to his credit is entitled to be

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enlarged on bail during pendency of the trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Rambahadur Patel be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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(a) The applicant shall attend the court according to the conditions of the bond executed by him.

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(b) 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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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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Order Date :- 22.4.2022 Faridul

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Digitally signed by FAREEDUL HASAN Date: 2022.04.26 11:55:10 IST Reason: Location: High Court of Judicature at Allahabad

Rambahadur Patel v. State of U.P.

Case brief

What is this about?

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Rambahadur Patel v. State of U.P.

Case brief

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