Allowed

Siyaram v. State of U.P. Thru. Prin. Secy. (Home) Lucknow

Allahabad HC3 Apr 2023/4400/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the bail application of Siyaram, a prosecution witness in a dowry death case where the deceased (his daughter) committed suicide shortly after marriage. The court noted inconsistencies in witness statements and lack of adverse testimony regarding the applicant.

What did the court decide?

Released on bail subject to personal bond and two sureties, non-tampering with evidence, no pressurizing witnesses, and appearing on all trial dates.

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

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4400 of 2023

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Applicant :- Siyaram Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Lucknow Counsel for Applicant :- Anoop Kumar Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Mr. Anoop Kumar Upadhyaya, learned counsel for the applicant, Mr. Manish Kumar Pandey, learned A.G.A.-I for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.181 of 2022, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, registered at Police Station Chhapia, District Gonda.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.07.2022 alleging that the informant had got his daughter married to the applicant on 03.05.2022; that the applicant was demanding a motorcycle in dowry and that on 25.07.2022, the informant came to know that her daughter had committed suicide by hanging herself.

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During trial the statement of the informant and his wife had been recorded. Although the informant reiterated the F.I.R. version in his examination-inchief, in his cross-examination he stated that the marriage was solemnized without any dowry and

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there was relationship between both the families. He stated that no dowry had been demanded from him and her daughter wanted to go to Mumbai along with the applicant, but the applicant was not ready for it. There used to be quarrel between the applicant and his wife for the aforesaid reason. He categorically stated that his daughter had never told that the applicant used to demand dowry.

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A similar statement was given by the mother of the deceased in her cross-examination. She was declared to be hostile and even in her crossexamination done by District Government Counsel (Criminal) nothing adverse came to light against the applicant.

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

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

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Having considered the aforesaid facts and circumstances of the case and without making any observation, which may affect the merits of the case, I am satisfied that the aforesaid facts are sufÏcient for making out a case for enlargement of the applicant on bail in the aforesaid case.

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Accordingly, this bail application stands allowed .

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Let the applicant-Siyaram be released on bail in

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Case Crime No.181 of 2022, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, registered at Police Station Chhapia, District Gonda on 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 :- 3.4.2023 Ram.