Allowed

Asharam v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko.

Allahabad HC15 Mar 2023/562/2023

Case brief

AI extract

What is this about?

On an application for bail in a dowry-related murder case, the court examined the delay in FIR registration and the police inquest report. Finding the allegations of criminal conduct unproven and noting the applicant's innocence, the court granted bail subject to standard conditions prohibiting tampering and ensuring appearance in court.

What did the court decide?

Applicant released on bail by executing a personal bond and two sureties in the like amount.

Asharam Vs State of U.P. Thru. Addl. Chief Secy. Home… — Cheque Dishonour | Allahabad HC (2023)

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Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 562 of 2023

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Applicant :- Asharam Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko.

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Counsel for Applicant :- Anoop Kumar Upadhyay,Saurabh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

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Heard Mr. Anoop Kumar Upadhyaya, learned counsel for the applicant, Mr. Sriniwas Bajpai, learned A.G.A. 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. 149 of 2022, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, registered at Police Station Motipur, District Bahraich.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.03.2022 against the applicant, his father and mother by his mother in law stating that the applicant got married to the informant's daughter about one and half years prior to lodging of first information report; that the accused persons used to harass the informant's daughter for pressurizing her to fetch a motorcycle and cash as additional dowry for which reason the informant's daughter consumed poison about one year prior to lodging of first information report and she died.

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

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The information of death of the applicant's wife was given to the police by her father Ram Asre through an application stating that her daughter was suffering from stomachache since before her marriage, which could not be cured in spite of treatment. He stated that on 23.06.2021 his daughter consumed poison because she was aggrieved by her disease, she was treated in Community Health Centre, Mihipurwa, Bahraich and thereafter she was referred by District Hospital Bahraich but she died during her treatment in District Hospital Bahraich.

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A copy of the inquest report has been annexed with the affidavit filed in support of bail application which indicates that the applicant as also the father of the deceased were witnesses to

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the inquest proceedings.

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On 12.01.2023, this court had passed an order granting three weeks' time to the State for filing counter affidavit. The learned A.G.A. states that the aforesaid order was communicated to the Police Station Motipur, Bahraich by means of a letter dated 12.01.2023, but still no counter affidavit could be filed.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident had occurred on 24.06.2021 and in a written report given by the father of the deceased to the police, he had categorically stated that his daughter had consumed poison and she died during treatment; that the first information report has been lodged on 29.03.2022 i.e., after more than nine months; that the applicant has no previous criminal history and he is languishing in jail since 28.08.2022 and without making any observation, which may affect the merit of the case, I am satisfied that the applicant is entitled to be enlarged on bail in the aforesaid case crime.

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Accordingly, this bail application stands allowed.

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Let the applicant Asharam be released on bail in Case Crime No. 149 of 2022, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, registered at Police Station Motipur, District Bahraich 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 :- 15.3.2023 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Asharam v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko.

Case brief

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What did the court decide?

Asharam v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko.

Case brief

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What did the court decide?

What the court decided

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