Allowed

Akash Gaur v. State of U.P. Thru. Secy. Home, Lko.

Allahabad HC4 Apr 2023/192/2023

Case brief

AI extract

What is this about?

In a bail application under Sections 498-A and 304-B IPC related to a dowry death case, the court allowed the applicant's release on bail, noting the exoneration of co-accused and the prior bail of the applicant's mother.

What did the court decide?

The applicant is released on bail on furnishing a bail bond and two sureties subject to conditions of not tampering with evidence and appearing in court.

Akash Gaur Vs State of U.P. Thru. 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. - 192 of 2023

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Applicant :- Akash Gaur Opposite Party :- State Of U.P. Thru. Secy. Home, Lko. Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Narendra Gupta, learned counsel for the applicant, Sri Manish Kumar Pandey, learned AGA-I for the State, Sri Ashish Verma, who has filed his vakalatnama on behalf of the informant and perused the record.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 194 of 2022, under Section 498-A, 304-B IPC and 3/4 of Dowry Prohibition Act, Police Station Biswan, District Sitapur.

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The aforesaid case has been registered on the basis of an FIR lodged on 29.04.2022 against the applicant, his father, mother brother and sister stating that the informant had got her daughter married with the applicant on 18.02.2022; that all the accused persons used to demand Rs. 1 lakh as dowry and they used to harass the informant's daughter and on 28.04.2022 the informant was told that his daughter had been killed.

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A copy of the inquest report has been annexed with the affidavit filed in support of the bail application which indicates that the applicant was one of the witnesses of the inquest proceedings and as per the narration made in the inquest report, family members of the informant were also present at the time of inquest proceedings. The post mortem examination report of the deceased mentions the only injury on her body to be a ligature mark and cause of death has been opined to be asphyxia due to ante mortem hanging.

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After investigation the police found that the informant has falsely implicated the informant's father and two sisters and they have been exonerated of their charges. The applicant's mother, co-accused Smt. Arti has already been granted bail by means of an order dated 11.11.2022 passed by this Court in Criminal Misc. Bail Application No. 8396 of 2022.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the FIR general

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allegations have been levelled against all the five accused persons and the allegations levelled against three of the coaccused persons could not be established during investigation and those accused persons have already been exonerated and sole other co-accused person applicant's mother has been granted bail, coupled with the facts that the applicant has no criminal history and he is languishing in jail since 01.05.2022, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, this bail application is allowed .

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Let the applicant Akash Gaur be released on bail in Case Crime No. 194 of 2022, under Section 498-A, 304-B IPC and 3/4 of Dowry Prohibition Act, Police Station Biswan, District Sitapur on furnishing a bail bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject o following conditions:-

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(i) the applicant shall not temper 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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Order Date :- 4.4.2023 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Akash Gaur v. State of U.P. Thru. Secy. Home, Lko.

Case brief

What is this about?

What did the court decide?

Akash Gaur 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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