Criminal bail application allowed. Court granted bail considering the informers hostility and lack of criminal history. Bailant to furnish bonds and sureties.
The applicant Vikas Chaurasiya released on bail in Crime No. 220 of 2022 by executing bond with personal sureties.
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Neutral Citation No. - 2023:AHC-LKO:46497
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 642 of 2023
Applicant :- Vikas Chaurasiya Opposite Party :- State Of U.P. Thru.Prin.Secy. Home Counsel for Applicant :- Arun Kumar Pandey,Prabhat Pandey Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2 . The FIR in question was lodged alleging that the daughter of the informant was being harassed for demand of dowry and on account of said, she committed suicide on the railway track.
3 . The Counsel for the applicant argues that the deceased committed suicide when she was with her family. He argues that during trial, the informant turned hostile. Apart from the said, there is no material so as to implicate the applicant.
4. Learned A.G.A. vehemently opposed the bail prayer.
5. Considering the fact that the informant himself has turned hostile, the applicant who has no criminal history, the burden required to be discharged under Section 304B IPC shall be done at the time of trial, 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.
6. Accordingly, the bail application is allowed .
7. Let the applicant Vikas Chaurasiya be released on bail in FIR/ Case Crime No.220 of 2022, under Sections 498A, 304-B IPC and Section 3/4 of DP Act, Police Station Kotwali Bikapur, District Ayodhya 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:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(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.
Order Date :- 17.7.2023 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to bail despite allegations of dowry harassment leading to suicide?
3 provisions across 3 enactments
Vikas Chaurasiya
State Of U.P. Thru Prin Secy Home
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
