Single judge允许 the accused husband of a deceased in a dowry death case to release on bail despite the AGA's opposition, noting the applicant had no antecedents and relatives were already released.
Application allowed; applicant released on bail under Sections 498A, 304B IPC and D.P. Act on personal bond and two sureties.
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Neutral Citation No. - 2023:AHC-LKO:46525
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 176 of 2023
Applicant :- Munendra @ Nanhkey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko.
Counsel for Applicant :- Sanjay Singh Chauhan,Alok Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2 . The FIR in question was lodged alleging that on account of non-fulfillment of demand of dowry, the daughter of the informant was killed by the in-laws.
3 . It is argued by the Counsel for the applicant that the brother of the applicant as well as his mother have been enlarged on bail. He argues that the applicant is the husband of the deceased and is languishing in jail since 12.06.2022. The applicant has no criminal antecedents.
4. Learned A.G.A. vehemently opposed the bail prayer.
5. From the perusal of the postmortem report, the cause of death is due to asphyxia as a result of antemortem hanging, except ligature mark, no other injury has been shown in the over the body of the deceased, there is nothing on record to demonstrates that the victim was subjected to any mental or physical cruelty immediately before the death, there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.
6. Accordingly, the bail application is allowed .
7. Let the applicant Munendra @ Nanhkey be released on bail in FIR/ Case Crime No.167 of 2022, under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station Maigalganj, District Kheri on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction
of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(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.
Order Date :- 17.7.2023 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant accused of dowry death should be released on bail given that his relatives are already on bail and there are no criminal antecedents.
Whether granting bail would adversely affect the trial in a dowry death case involving hanging.
Munendra @ Nanhkey
State Of U.P.
Pankaj Bhatia
Ashok Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
