Allowed

Santosh Verma v. State of U.P. Thru. Secy. Home Dept. Lko.

Allahabad HC13 Jul 2023/178/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed bail to Santosh Verma in a dowry death case (u/s 498A, 304B IPC) noting the postmortem report did not definitively ascertain the cause of death as unnatural and the applicant had no prior record.

What did the court decide?

Applicant released on bail in FIR Crime No.201 of 2021 upon furnishing personal bonds and two sureties of like amount each.

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

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Neutral Citation No. - 2023:AHC-LKO:45642

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 178 of 2023

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Applicant :- Santosh Verma Opposite Party :- State Of U.P. Thru. Secy. Home Dept. Lko. Counsel for Applicant :- Akhilendra Pratap Singh,Ali Moid Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . The FIR in brief is that the sister of the informant was married 8 months ago and it was alleged that the family members harassed his sister for dowry. Subsequently, it was also stated that after intervention, the victim had gone along with the applicant. It was also alleged that the victim was beaten which resulted into her death even eight month of marriage.

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3 . The Counsel for the applicant argues that from the perusal of the postmortem report, the cause of death is shown due to antemortem perforation of small intestine with peritonitis. The viscera is preserved for chemical analysis. The Counsel for the applicant argues that the victim was undergoing treatment even before her death which is clear from the statement of the complainant. The complainant also stated that the husband of the deceased had mixed something in the drinking water which resulted in abdominal pain to the deceased. After complaining, the victim was admitted in the civil hospital where she was getting treatment.

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4 . The Counsel for the applicant further argues that the fatherin-law has been enlarged on bail by the trial court vide order dated 21.02.2023. The applicant is in custody since 29.04.2022 and has no criminal antecedents.

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5. Learned A.G.A. vehemently opposed the bail prayer.

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6. Considering the facts that the statement of the complainant indicates that the victim was undergoing treatment for abdominal pain coupled with the fact that the medical on record indicates the cause of death due to antemortem perforation of small intestine, prima facie , the cause of death cannot be

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ascertained as unnatural, the applicant is in jail since 29.04.2022 and has no criminal antecedents and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

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7. Accordingly, the bail application is allowed .

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8. Let the applicant Santosh Verma be released on bail in FIR/ Case Crime No.201 of 2021, under Sections 498A, 304B, 323 and Section 3/4 of the DP Act, Police Station Husainganj, District Lucknow 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:

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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 :- 13.7.2023 akverma

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Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

Santosh Verma v. State of U.P. Thru. Secy. Home Dept. Lko.

Case brief

What is this about?

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Santosh Verma v. State of U.P. Thru. Secy. Home Dept. Lko.

Case brief

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What did the court decide?

What the court decided

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