Allowed

Brij Kumar @ Bhullu v. State of U.P. through Principal Secretary, Home Deptt., Lucknow

Allahabad HC23 May 2023/11/2023

Case brief

AI extract

What is this about?

The High Court allowed bail to the applicant charged with offences under Sections 498A IPC and Dowry Prohibition Act. The court noted general FIR allegations, exonerated co-accused, and bail granted to others, finding the applicant eligible for enlargement on personal bond and surities.

What did the court decide?

The applicant be released on bail by furnishing a personal bond and two sureties each in the like amount, subject to specific conditions regarding evidence and appearance.

Brij Kumar @ Bhullu Vs State of U.P. through Principal… — Dowry and Cruelty | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC-LKO:35964

¶2

Court No. - 16

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11 of 2023

¶4

Applicant :- Brij Kumar @ Bhullu Opposite Party :- State Of U.P. Through Principal Secretary, Home Deptt., Lucknow Counsel for Applicant :- Farooq Ayoob Counsel for Opposite Party :- G.A.

¶5

Hon'ble Subhash Vidyarthi,J.

¶6

Heard Sri Farooq Ayoob, the learned counsel for the applicant as well as Sri S.N. Goswami, the learned A.G.A. for the State and perused the record.

¶7

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 375 of 2022 under Sections 498A, 304B I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Tikait Nagar, District Barabanki.

¶8

The aforesaid case has been registered on the basis of F.I.R. lodged on 29.09.2022 against the applicant, his father, mother, brother and sister, alleging that the informant had got his daughter married to the applicant about six months ago; that all the accused persons used to harass her for demanding dowry and in the night of 28.09.2022, the accused persons killed the informant's daughter by beating her with sticks and strangulating her. It is stated that the applicant intimated the informant that the deceased had fallen down from a motorcycle and died.

¶9

The inquest report mentions a contusion on right side of neck of the deceased and no other injury was mentioned in it.

¶10

The post mortem examination report of the deceased, mentions an oblique ligature mark around her neck, interrupted

¶11

by 3 cm on lateral aspect of the neck and the cause of death has been opined to be Asphyxia due to ante mortem hanging.

¶12

In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent person, he has been falsely implicated in the present case and he has no criminal history.

¶13

The learned counsel for the applicant has submitted that the applicant's brother and sister have been exonerated by the Investigating Officer and his father and mother have already been granted bail and copies of their bail orders have been annexed as Annexure No. 6 to the affidavit filed in support of the bail application.

¶14

The learned A.G.A. has opposed the prayer of the bail, but could not dispute the aforesaid aspects of the matter.

¶15

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that F.I.R contains general allegation against all the accused persons and no specific role has been assigned to the applicant; that two of the co-accused persons have been exonerated by the Investigating Officer and the other two co-accused persons have already been granted bail, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 30.09.2022 and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

¶16

Accordingly, this bail application stands allowed.

¶17

Let the applicant- Brij Kumar @ Bhullu be released on bail in Case Crime No. 375 of 2022 under Sections 498A, 304B I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Tikait Nagar, District Barabanki, on furnishing a

¶18

personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

¶19

(i) the applicant shall not tamper with the prosecution evidence;

¶20

(ii) the applicant shall not pressurize the prosecution witnesses;

¶21

(iii) the applicant shall appear on each and every date fixed by the trial court.

¶22

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

¶23

(Subhash Vidyarthi,J.)

¶24

Order Date :- 23.5.2023 Preeti.

¶25

Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Brij Kumar @ Bhullu v. State of U.P. through Principal Secretary, Home Deptt., Lucknow

Case brief

What is this about?

What did the court decide?

Brij Kumar @ Bhullu v. State of U.P. through Principal Secretary, Home Deptt., Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Manjesh Vs State of U.P. Thru. Prin. Secy. (Home) Govt. U.P. Lko. and 3 Others

Vijay Kumar Yadav Vs State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Secrt. Lko.

Deepak Vs State of U.P. Thru. Addl. Chief Secy. Home Civil Lko. and 3 Others

Laxman Vs State of U.P. Thru. Prin.Secy.Home and 3 Others

Maroof Vs State of U.P.Thru. Prin. Secy. Home and 3 Others

Ram Manorath Vs State of U.P. Thru.Prin.Secy. Home