Allowed

Vishnu Dayal v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko.

Allahabad HC16 May 2023/2226/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Vishnu Dayal. The judge noted that co-accused were exonerated, the death resulted from antemortem hanging, and an independent witness suggested suicide due to an altercation over visiting the deceased's father. Bail was granted subject to a personal bond and conditions.

What did the court decide?

Released on bail on personal bond and two sureties in like amount, subject to conditions not to tamper with evidence, not to pressurize witnesses, and to appear in court.

Vishnu Dayal Vs State of U.P. Thru. Prin… — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:33855

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2226 of 2023

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Applicant :- Vishnu Dayal

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Piyush Kumar Singh,Naveen Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Shivam Tiwari, Advocate, holding brief of Sri Piyush Kumar Singh, learned counsel for the applicant, Sri Jayant Singh Tomar, learned Addl. Government Advocate, and perused the record.

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By means of the instant application the applicant Vishnu Dayal S/o Sri Shatrohan Prasad seeks bail in Case Crime No. 112 of 2022, under sections 498A, 304B IPC, and section 3/4, Dowry Prohibition Act, P.S. Utraula, District Balrampur.

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The aforesaid case has been registered on the basis of a first information report (F.I.R.) lodged on 25.04.2022 at 18.35 hrs. against six named accused persons, including the applicant and his family members, stating that the informant had got his daughter married to the applicant about one year ago; that all the accused persons used to harass her for demand of dowry, and at about 5.30 p.m. on 24.04.2022 the accused persons killed the informant's daughter by strangulating her.

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The postmortem examination mentions a Ligature Mark around her neck, which was interrupted by 5 Cm. and the cause of death has been opined to be Asphyxia due to antemortem hanging. Some contusions have also been reported on the body of the deceased.

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The investigating officer has recorded statement of the independent witness Ram Kishun, who stated that the deceased wanted to spend most of her time in the house of her father, who is a quack. On the date of the incident also, the deceased was insisting to go to her father's house and an altercation had taken place between the deceased and the applicant for this reason, due to which the deceased hanged herself, after locking the door of the room from inside.

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Learned counsel for the applicant has submitted that all the other co-accused persons have been exonerated by the investigating officer.

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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. contains general allegations against six named accused persons, five of whom have already been exonerated; that the deceased had died due to Asphyxia as a result of antemortem hanging and an independent witness has stated that she committed suicide in anger, because the applicant had not permitted her to go to her father's house, and without making any observation, which may effect the merits of the case, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, this bail application stands allowed .

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Let the applicant Vishnu Dayal S/o Sri Shatrohan Prasad be released on bail in the aforesaid 139 of 2021, under section 112 of 2022, under sections 498A, 304B IPC, and section 3/4, Dowry Prohibition Act, P.S. Utraula, District Balrampur, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to 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 :- 16.5.2023 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Vishnu Dayal v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko.

Case brief

What is this about?

What did the court decide?

Vishnu Dayal v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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