Allowed

Akhilesh Verma v. State of U.P. Thru. the Prin. Secy. Home Deptt. Civil Lko.

Allahabad HC11 May 2023/284/2023

Case brief

AI extract

What is this about?

In this bail application, the Allahabad High Court (Lucknow Bench) considered the release of Akhilesh Verma arrested in a dowry death case under IPC 498-A, 304-B, and the Dowry Prohibition Act. The court allowed bail, noting the absence of firearms at the scene, lack of eyewitnesses, and prior bail granted to co-accused.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties each in the like amount, upon compliance with conditions against tampering with evidence and appearing in court.

Akhilesh Verma Vs State of U.P. Thru. the Prin. Secy… — Cheque Dishonour | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:32575

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 284 of 2023

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Applicant :- Akhilesh Verma Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Civil Lko.

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Counsel for Applicant :- Shailendra Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Shailendra Pratap Singh, the learned counsel for the applicant as well as Sri Hari Shanker Maurya, the learned A.G.A. for the State and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 216 of 2021, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Antu, District Pratapgarh.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 03.06.2021 against the applicant, his father and mother, stating that the informant had got his daughter married to the applicant about one year ago; that all of them used to harass the informant's daughter for demanding dowry and on 02.06.2021, all the accused persons took the informant's daughter to the terrace and shot her at about 3:00pm.

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The post mortem examination report of the deceased mentions an entry wound of side 0.5 cm X 0.5 cm on back of right lower chest and an exit wound of size 1.0cm X 1.0 cm on right size of chest and as per the X-Ray report, no bullet was present in the body and the cause of death has been opined to be Shock and hemorrhage due to ante mortem firearm injury.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history.

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The Investigating Officer has recorded statement of some independent witnesses, residing in the neighbourhood of the applicant's house and they stated that upon hearing the gun shot noise they went to the applicant's house; the applicant's wife was lying dead there and the applicant, his father and mother were present but no firearm was there at the place of occurrence. Subsequently, the police claim to have recovered a country made pistol of 315 bore on the pointing of the applicant, from an open place.The statement of the informant has already been recorded by the trial court.

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The learned counsel for the applicant has submitted that both the other co-accused persons Amar Nath Verma and Subedarin, have already been granted bail by means of an order dated 26.08.2022 passed by a coordinate bench of this Court in Criminal Misc. Bail Applications No.11177 of 2021 and 11130 of 2021, receptively.

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The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that there is no eye witness of the incident; that the persons residing in the neighbourhood, who reached on the spot immediately after the occurrence, have stated that the applicant, his father and mother were present on the spot and no firearm was seen there; that both the other co-accused persons have already been granted bail, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 04.06.2021 and

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without making any observations which may affect the merits of the case, I am of the view that the applicant is also entitled to be released on bail.

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Accordingly, this bail application stands allowed.

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Let the applicant- Akhilesh Verma be released on bail in Case Crime No. 216 of 2021, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Antu, District Pratapgarh, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 :- 11.5.2023 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Akhilesh Verma v. State of U.P. Thru. the Prin. Secy. Home Deptt. Civil Lko.

Case brief

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Akhilesh Verma v. State of U.P. Thru. the Prin. Secy. Home Deptt. Civil Lko.

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