Allowed

Ajay Kumar Trivedi v. State of U.P through Principal Secretary (Home ) Goverment of U.P Civil Secretariat

Allahabad HC18 Jul 2023/211/2022

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed the bail opposition and granted bail to the accused husband. The court held that since the cause of death was antemortem hanging and the link between dowry demand and death requires trial evidence, the applicant was entitled to bail after nearly two years in custody.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each of equal amount.

Ajay Kumar Trivedi Vs State of U.P through Principal… — Cheque Dishonour | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:46895

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 211 of 2022

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Applicant :- Ajay Kumar Trivedi Opposite Party :- State Of U.P Through Principal Secretary (Home ) Goverment Of U.P Civil Secretariat Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A.,Ajeet Kumar

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, Sri Ajeet Kumar, the counsel for the complainant, learned AGA and perused the record.

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The accused-applicant seeks bail in Case Crime No.149 of 2021 under sections 498-A, 304-B IPC and section 3/4 Dowry Prohibition Act, P.S. Kamrauli, District Amethi.

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The FIR in question was lodged alleging that the daughter of the informant who was married on 01.05.2021 was harassed and was killed on account of non payment of dowry on 24.07.2021. The applicant is the husband and is in custody since 31.07.2021.

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It is argued that as per the postmortem report, the cause of death is antemortem hanging. In addition thereto, no other visible injury marks are shown except for abrasion on the knee which can arise when the body was lowered. He argues that the applicant has no criminal antecedents and is languishing in jail without there being any end to the trial in near future.

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The counsel for the complainant as well as AGA strongly opposed the bail application by arguing that two or three fact witnesses have been examined and the trial is going on. He further argues that in terms of the inquest report, which is on record, a cloth was found thrashed in the mouth of the body and thus, the circumstances appears to be mysterious, as such, it is not a case of simple suicide, thus, the bail application should be rejected.

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Considering the submissions made at the bar, it is clear that the applicant is in custody sine 31.07.2021 and he has no criminal history coupled with the fact that prima facie, from the perusal of the postmortem report, cause of death is antemortem hanging. The evidence with regard to demand of dowry and linking the same with death is subject matter of trial and cannot be commented at this stage. The burden required to be

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discharged under section 304-B IPC is also to be discharged at the time of trial and the applicant has suffered custody almost two years and there being nothing on record to demonstrate that the applicant if enlarged on bail can adversely affect the trial, the applicant is entitled for the bail. Thus the bail application is allowed.

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Let the applicant Ajay Kumar Trivedi be released on bail in aforesaid first information report number subject to his 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 :- 18.7.2023

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VNP/-

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

Ajay Kumar Trivedi v. State of U.P through Principal Secretary (Home ) Goverment of U.P Civil Secretariat

Case brief

What is this about?

What did the court decide?

Ajay Kumar Trivedi v. State of U.P through Principal Secretary (Home ) Goverment of U.P Civil Secretariat

Case brief

What is this about?

What did the court decide?

What the court decided

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