Allowed

Amit Kumar Shukla v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko.

Allahabad HC15 May 2023/74/2023

Case brief

AI extract

What is this about?

The High Court at Allahabad allowed a bail application filed by Amit Kumar Shukla in a case involving dowry death. The applicant was released on bail subject to specific conditions, noting that co-accused had already been granted bail.

What did the court decide?

Released on bail on furnishing a bail bond and two sureties subject to conditions not to tamper with evidence, pressurize witnesses, and appear for trial.

Amit Kumar Shukla Vs State of U.P. Thru. Prin. Secy. Home… — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:33481

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 74 of 2023

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Applicant :- Amit Kumar Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko.

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Counsel for Applicant :- Rakesh Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Rakesh Kumar Tripathi, learned counsel for the applicant and Sri Hari Shankar Maurya, learned AGA for the State and perused the record.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 334 of 2022, under Sections 498A, 304B IPC and 3/4 Dowry Prohibition Act, Police Station Laharpur, District Sitapur.

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The aforesaid case has been registered on the basis of an FIR registered on 04.06.2022 against the applicant, his father, mother and mama, stating that the informant had got his daughter married to the applicant about two years ago; that all the accused persons used to harass her for demanding dowry and on 28.05.2022, the accused persons killed the informant's daughter.

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The post mortem examination report of the dead body mentions the only injury on her body to be ligature mark around her neck, which was interrupted by 6.5 cm on the left side and the cause of death has been opined to be asphyxia due to ante mortem hanging.

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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 in the present case and he has no previous criminal history.

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It has been stated that the co-accused Kamla Prasad has been exonerated during investigation and both the other co-accused persons Smt. Kamini and Rinku have already been granted bail by means of orders dated 21.10.2022 and 12.11.2022 passed by this Court in Criminal Misc. Bail Application Nos. 12216 of 2022 and 11484 of 2022 respectively.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident occurred on 28.05.2022 and the FIR has been lodged on 04.06.2022; that the cause of death has been opined to be asphyxia due to ante mortem hanging; that there is no allegation of demand of dowry and harassment in close proximity of the incident; that two other co-accused persons have already been granted bail, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, this bail application is allowed .

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Let the applicant Amit Kumar Shukla be released on bail in Case Crime No. 334 of 2022, under Sections 498A, 304B IPC and 3/4 Dowry Prohibition Act, Police Station Laharpur, District Sitapur on furnishing a bail 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 temper 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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Order Date :- 15.5.2023 Pradeep/-

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

Amit Kumar Shukla v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko.

Case brief

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Amit Kumar Shukla v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko.

Case brief

What is this about?

What did the court decide?

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