Allowed

Manoj Kumar v. State of U.P. Thru. Secy. Home, Lko.

Allahabad HC11 Jul 2023/14157/2022

Case brief

AI extract

What is this about?

Bail application allowed in murder and cruelty case where allegations were uncorroborated by medical report and cross-examination of informant showed suicide out of suspicion rather than dowry death. Applicant released on bond.

What did the court decide?

Released on bail subject to personal bond and two sureties with conditions to attend hearings, not commit similar offences, and not tamper with evidence.

Manoj Kumar Vs State of U.P. Thru. Secy. Home, Lko. — Cheque Dishonour | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:44845

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14157 of 2022

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Applicant :- Manoj Kumar Opposite Party :- State Of U.P. Thru. Secy. Home, Lko. Counsel for Applicant :- Narendra Gupta,Mohammad Salim Khan Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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The accused-applicant seeks bail in Case Crime No.586 of 2021 under sections 498-A, 304-B IPC and under section 3/4 of the Dowry Prohibition Act, P.S. Maholi, District Sitapur.

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The FIR in question was lodged by the informant alleging that his sister was married with the applicant and they used to demand the dowry and it was alleged that she apprehended that her sister was murdered and the body was hanged. In the statements under section 161 Cr.P.C., the informant supported the theory as stated in the first information report.

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The counsel for the applicant argues that the allegations in the first information report are not corroborated with the postmortem report, which indicates the cause of death as antemortem hanging and there is no other injury mark over the body. He has drawn my attention to the cross examination of the informant during trial wherein she stated that when she saw the sister hanged, she became angry and out of said anger, she lodged the first information report. She further states that her sister was suspicious by nature and use to object the interaction of the applicant with females and thus, there was dispute in between them i.e. husband and wife. It was stated that her sister had informed that the character of the applicant was not good and thus, based upon the suspicion, she committed suicide.

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Considering the fact that the allegations in the FIR are not corroborated with the medical report and in view of the cross examination of the informant, clearly the allegations in the FIR do not stand corroborated coupled with the fact that the applicant is in custody since 19.12.2021 having no criminal history, the applicant is entitled for bail. Thus, the bail application is allowed.

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Let the applicant Manoj Kumar be released on bail in aforesaid first information report number subject to his

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furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court below concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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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Order Date :- 11.7.2023

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VNP/-

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Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Manoj Kumar v. State of U.P. Thru. Secy. Home, Lko.

Case brief

What is this about?

What did the court decide?

Manoj Kumar v. State of U.P. Thru. Secy. Home, Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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