Allowed

Ram Manorath v. State of U.P. Thru.Prin.Secy. Home

Allahabad HC23 May 2023/619/2023

Case brief

AI extract

What is this about?

Single-judge bench allowed bail to the applicant Ram Manorath in a dowry death case (Sections 304B IPC, 498A IPC) where co-accused were already on bail. Bail granted subject to bond and conditional undertaking not to tamper with evidence.

What did the court decide?

Applicant released on bail by furnishing personal bond and two sureties undertaking not to tamper with evidence, pressurize witnesses, and to appear on all dates.

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

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Neutral Citation No. - 2023:AHC-LKO:35968

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 619 of 2023 Applicant :- Ram Manorath Opposite Party :- State Of U.P. Thru.Prin.Secy. Home Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Anil Kumar Tiwari, the learned counsel for the applicant as well as Sri Sri Niwas Bajpayi, 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. 191 of 2021 under Sections 498A, 304B I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Kumar Ganj, District Ayodhya/Faizabad.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 10.06.2021 against the applicant, his father and mother, alleging that the informant had got his daughter married to the applicant in the year 2017; that all the accused persons used to harass her for demanding dowry and on 10.06.2021, all the accused persons killed the informant's daughter by hanging.

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The post mortem examination report of the dead body mentions an oblique ligature mark on her neck and the cause of death has been opined to be Asphyxia due to ante mortem hanging.

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The learned counsel for the applicant has submitted that both the co-accused persons have already been granted bail in the present case and copies of their bail orders have been annexed as Annexure No. 8 to the affidavit filed in support of the bail application.

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The learned A.G.A. has opposed the prayer of the 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 keeping in view the fact that the F.I.R contains general allegation against three accused persons and the cause of death has been opined to be Asphyxia due to ante mortem hanging and both the other co-accused persons have already been granted bail and that the applicant has no criminal history and he is languishing in jail since 12.06.2021 and 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- Ram Manorath be released on bail in Case Crime No. 191 of 2021 under Sections 498A, 304B I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Kumar Ganj, District Ayodhya/Faizabad, 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; (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 :- 23.5.2023/Preeti.

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

Ram Manorath v. State of U.P. Thru.Prin.Secy. Home

Case brief

What is this about?

What did the court decide?

Ram Manorath v. State of U.P. Thru.Prin.Secy. Home

Case brief

What is this about?

What did the court decide?

What the court decided

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