Allowed

Ajay v. State of U.P. Thru. Prin. Secy. Home. Lko

Allahabad HC5 May 2023/1773/2022

Case brief

AI extract

What is this about?

This court allowed a bail application filed by a co-accused in a dowry death case under Sections 498-A and 304-B IPC. The court held that since general allegations were leveled and other co-accused were already on bail, the applicant was entitled to release on bail.

What did the court decide?

Release of applicant on bail by furnishing personal bond and two sureties in the like amount, subject to standard bail conditions.

Ajay Vs State of U.P. Thru. Prin. Secy. Home. Lko — Dowry and Cruelty | Allahabad HC (2023)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1773 of 2022

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Applicant :- Ajay

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Lko Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Pradeep Kumar Tripathi Advocate, holding brief of Sri Ajeet Kumar Singh, the learned counsel for the applicant as well as Sri Amit Kumar Dwivedi, the learned A.G.A. for the State and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 295 of 2020, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Kamlapur, District Sitapur.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 29.09.2020 against the applicant, his father and mother, stating that the informant had got his daughter married to the applicant about three years ago; that all the accused persons used to harass her for demanding dowry and at about 04:15 on the date of the lodging of the F.I.R, the applicant's father Ramesh (co-accused), informed the informant about the death of his daughter. The inquest proceedings were witnessed by the applicant and his father, besides some other persons.

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The post mortem examination report of the dead body mentions a ligature mark around her neck with a gap of 5 cm present on right side and the cause of death has been opined to be Asphyxia due to ante mortem hanging. Two contusions have also been reported on the dead body-(i) on the left buttock, and

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(ii) on the back of left thigh.

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

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The learned counsel for the applicant has submitted that applicant's father Ramesh (co-accused) and mother Phoolmati have been granted bail by means of orders dated 28.01.2021 and 19.08.2021 passed by a coordinate bench of this Court in Criminal Misc. Bail Applications No. 1041 of 2021 and 2754 of 2021, respectively.

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

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R levels general allegations against all the three accused persons and no specific role has been assigned to the applicant; and that the cause of death has been opined to be Asphyxia due to ante mortem hanging; that both the other co-accused persons have already been granted bail whereas the applicant is languishing in jail since 04.10.2020 and without making any observations which may affect the merits of the case, I am of the view that the applicant is also entitled to be released on bail.

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Accordingly, this bail application stands allowed.

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Let the applicant- Ajay be released on bail in Case Crime No. 295 of 2020, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Kamlapur, District Sitapur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

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

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

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

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

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(Subhash Vidyarthi,J.)

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Order Date :- 5.5.2023 Preeti.

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

Ajay v. State of U.P. Thru. Prin. Secy. Home. Lko

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Ajay v. State of U.P. Thru. Prin. Secy. Home. Lko

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