Allowed

Rakesh v. State of U.P.

Allahabad HC27 Jul 2022BAIL/6592/2021

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by an accused, the husband of a deceased woman allegedly committed suicide via hanging, implicating him under Sections 498A and 304B IPC for dowry harassment. The Court found merit in the applicant's claim of false implication and lack of criminal history.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties in the like amount to the satisfaction of the court below.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6592 of 2021

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Applicant :- Rakesh Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Gopal Counsel for Opposite Party :- G.A.,Sukhvir Singh

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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. 578 of 2020 at Police Station Bahedi, District Bareilly, under Sections 498A, 304B, IPC and Section 3/4 Dowry Prohibition Act. The applicant is in jail since 23.09.2020.

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The bail application of the applicant was rejected by learned Additional Sessions Judge, Bareilly on 06.01.2021.

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Shri Santosh Kumar Upadhya, learned Senior Counsel assisted by Sri Vivek Shukla, 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 is bereaved by the death of his wife. The applicant never demanded dowry or harassed the deceased. However for the purposes of bail application it is submitted that the deceased was a temperamental lady and prone to extreme reactions even over minor issues. The deceased wanted the applicant to separate from his joint family and set up a nuclear family. The applicant did not have resources to do so. On the fateful day she

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locked herself in a room and committed suicide in a fit of rage. The family members of the applicant promptly informed the police authorities as well as parents of the victim. The door had to be broken into to retrieve the body of the deceased from its hanging position. The postmortem report records the cause of death as asphyxia due to antemortem hanging. No abnormality was detected in the trachea and the hyoid bone was intact. The post mortem report references the ligature marks which are consistent with the hanging. The applicant did not aid or abet the suicide. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case.

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Learned AGA for the State and Sri Sukhvir Singh, learned counsel for the informant could not satisfactorily dispute the aforesaid submissions from the record.

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I see merit in the submissions of learned counsel for the applicant and accordingly 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- Rakesh 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

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satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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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 him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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

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Order Date :- 27.7.2022 Pravin

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Digitally signed by PRAVIN VERMA Date: 2022.07.29 11:00:20 IST Reason: Location: High Court of Judicature at Allahabad

Rakesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rakesh v. State of U.P.

Case brief

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What did the court decide?

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