Allowed

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

Allahabad HC21 Jul 2023/248/2023

Case brief

AI extract

What is this about?

In a bail application challenging arrest under dowry death charges, the Allahabad High Court permitted bail considering the postmortem report indicated hanging without other injuries, the death occurred after marriage, and the complainant was hostile during trial. The court found no material suggesting physical or mental harassment.

What did the court decide?

Released on bail under Sections 498A, 304-B IPC and DP Act upon furnishing personal bonds and two sureties with conditions to attend hearings, refrain from similar offences, and not tamper with eviden

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

¶1

Neutral Citation No. - 2023:AHC-LKO:48134

¶2

Court No. - 11

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 248 of 2023

¶4

Applicant :- Dhirendra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Nishit Mishra Counsel for Opposite Party :- G.A.

¶5

Hon'ble Pankaj Bhatia,J.

¶6

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

¶7

2 . The FIR in question was lodged alleging that the sister of the informant was married with the applicant in the year 2015. It was alleged that she was being harassed for dowry and subsequently it was alleged that she was beaten and then hanged.

¶8

3 . The Counsel for the applicant argues that the postmortem report indicates that the cause of death is due to antemortem hanging. No other injury has been reported in the postmortem report.

¶9

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

¶10

5. Considering the submissions made at the bar, prima facie, the postmortem report does not indicate any injury over the body, there being no material to suggest that the victim was physically or mentally harassed, the complaint is turned hostile during trial coupled with the fact that the applicant is the husband of the deceased, the applicant has no criminal history and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

¶11

6. Accordingly, the bail application is allowed .

¶12

7. Let the applicant Dhirendra be released on bail in FIR/ Case Crime No.545 of 2021, under Sections 498A, 304-B IPC and Section 3/4 of D.P. Act, Police Station Sandi, District Hardoi 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:

¶13

(a) The applicant shall execute a bond to undertake to attend the hearings;

¶14

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

¶15

(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.

¶16

Order Date :- 21.7.2023 akverma

¶17

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

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sageer Vs State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. and 3 Others

Rajendra Pasi @ Kallu Vs State of U.P. Thru.Prin.Secy.Dept of Home and 3 Others

Sandip Vs State of U.P.

Mohd. Sayeed Vs State of U.P. Thru. Prin. Secy. Home Lko.

Shivam Deval Vs State of U.P. Thru. Prin. Secy. Home, Lko.

Bablu Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others