Allowed

Manoj Upadhyaya v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC19 May 2023/824/2023

Case brief

AI extract

What is this about?

In a bail application under Sections 304-A, 306, 498-A IPC regarding a dowry death, the Court allowed bail. Considering the delay in investigation, lack of external injuries, exonerated co-accused, and bail granted to others, the Court released the applicant on a personal bond and two sureties.

What did the court decide?

The applicant manoj upadhyaya released on bail in Case Crime No. 141 of 2022 on personal bond and two sureties subject to conditions of not tampering with evidence or witnesses and appearing in court.

Manoj Upadhyaya Vs State of U.P. Thru. Prin. Secy. Home… — Domestic Violence | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC-LKO:35149

¶2

Court No. - 16

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 824 of 2023

¶4

Applicant :- Manoj Upadhyaya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Santosh Kumar Srivastava,Vyomesh Chandra Shukla

¶5

Counsel for Opposite Party :- G.A.

¶6

Hon'ble Subhash Vidyarthi,J.

¶7

Heard Sri Vyomesh Chandra Shukla, learned counsel for the applicant, Sri Sanjay Srivastava, learned Addl. Government Advocate, and perused the record.

¶8

By means of the instant application the applicant Manoj Upadhyaya S/o Sri Asha Ram Upadhyaya seeks bail in Case Crime No. 141 of 2022, under sections 304-A, 306, 498-A, I.P.C., P.S. Bewana, District Ambedkar Nagar.

¶9

The aforesaid case has been registered on the basis of a First Information Report (F.I.R.) lodged on 11.09.2022 against the applicant, his father, mother, brother and sister, stating that all the accused persons used to harass the informant's daughter, who was married to the applicant, for demanding dowry and they killed her by administering some poisonous substance.

¶10

The postmortem examination report mentions no mark of any external injury and viscera has been preserved and sent for testing, but viscera examination report is not available till date.

¶11

In the affidavit filed in support of the bail-application it has been stated that the applicant got married to the deceased on 06.12.2012. He is innocent and he has been falsely implicated in the present case. It has further been stated in the affidavit that

¶12

the applicant's father, mother and brother have been granted bail by the Sessions Judge, Ambedkar Nagar.

¶13

Learned counsel for the applicant has stated that the coaccused Soni has been exonerated by the investigating officer. He has also filed a supplementary affidavit stating therein that the applicant is involved in another case bearing Case Crime No. 61 of 2019 under section 147, 149, 323, 336, 352, 504, I.P.C., Police Station Bewana, District Ambedkar Nagar, in which he has been granted bail by means of order dated 14.02.2020 passed by the Trial Court.

¶14

The State has filed a counter affidavit, which is taken on record.

¶15

Having considered the aforesaid facts and circumstances of the case and keeping in view the facts that the incident took place after about a decade since marriage of the deceased; no injury was found on her body; the F.I.R. contains similar allegations against five accused persons, one of whom has been exonerated and three others have been granted bail, coupled with the fact that the applicant is languishing in jail since 12.09.2022, without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

¶16

Accordingly, this bail application stands allowed .

¶17

Let the applicant Manoj Upadhyaya S/o Sri Asha Ram Upadhyaya be released on bail in the aforesaid Case Crime No. 141 of 2022, under sections 304-A, 306, 498-A, I.P.C., P.S. Bewana, District Ambedkar Nagar, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction

¶18

of Magistrate/Court concerned, subject to following conditions:-

¶19

(i) the applicant shall not tamper with the prosecution evidence;

¶20

(ii) the applicant shall not pressurize the prosecution witnesses;

¶21

(iii) the applicant shall appear on each and every date fixed by the trial court.

¶22

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶23

( Subhash Vidyarthi, J. )

¶24

Order Date :- 19.5.2023 A.Nigam

¶25

Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Manoj Upadhyaya v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Manoj Upadhyaya v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Taukeer Vs State of U.P. Thru. Prin. Secy. Deptt. of Home, Civil Sectt. Lko, U.P. and 3 Others

Smt. Rambeti Vs State of U.P. Thru. Prin. Secy. Home,Lko.

Ravi Shanker Verma Vs State of U.P. Thru. Prin. Secy. Home Deptt., Lko.

Dilip Saroj Vs State of U.P.

Shravan Kumar Vs State of U.P. and Ors.

Maruf Vs State of U.P. Thru. Prin. Secy. Home Lko.