Allowed

Sunit Kamal v. State of U.P.

Allahabad HC22 May 2023BAIL/12830/2023

Case brief

AI extract

What is this about?

In this bail application, the Allahabad High Court granted relief to the applicant, Sunit Kamal. The court held that no specific role was attributed to him and distinguished his case from the co-accused husband, leading to the allowance of bail on personal bond and two sureties.

What did the court decide?

Application allowed; applicant directed to be released on bail with a personal bond and two sureties subject to standard conditions.

Sunit Kamal Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:111804

¶2

Court No. - 75

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12830 of 2023

¶4

Applicant :- Sunit Kamal Opposite Party :- State of U.P. Counsel for Applicant :- Afshan Shafaut,Sushil Kumar Yadav Counsel for Opposite Party :- G.A.,Rakesh Dubey

¶5

Hon'ble Sanjay Kumar Singh,J.

¶6

Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the first informant / complainant.

¶7

By means of this application under Section 439 of Cr.P.C., applicant Sunit Kamal, who is involved in Case Crime No. 0378 of 2022, under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, police station Panki, district Kanpur Nagar, seeks enlargement on bail during the pendency of trial.

¶8

As per prosecution case, in brief, informant, who is brother of Suman (hereinafter referred to as "the deceased") lodged a first information report on 07.09.2022 against Sunny, Sunit Kamal, Nitin Kamal, Smt. Seema and Neha Kamal, who are husband, father-in-law, brother-in-law, mother-in-law and sister-in-law of the deceased, respectively, with the allegation inter alia that marriage of his sister was solemnized on 07.03.2019 but after marriage, there was additional demand of Rs. 2 lacs towards dowry. On non-fulfillment of the same, she was assaulted and beaten by her in-laws and later on, on 07.09.2022, she has been done to death.

¶9

It is argued by learned counsel for the applicant that the applicant is father-in-law of the deceased and he had no concern with the matrimonial affair of the deceased with her husband Sunny. As per the post mortem report, cause of death of the deceased is asphyxia as a result of ante mortem hanging. The general allegation of demand of dowry has been levelled against the accused persons and no specific

¶10

role has been attributed against the applicant. It is further submitted that co-accused Smt. Seema, who is mother-in-law of the deceased, has been granted bail by the Coordinate Bench of this Court vide order dated 23.02.2023 in Criminal Misc. Bail Application No. 1712 of 2023, therefore, the applicant, who has been languishing in jail since 07.09.2022 and is having no criminal history to his credit, may be enlarged on bail.

¶11

Per contra, learned A.G.A. for the State as well as learned counsel for the informant opposed the prayer for bail of the applicant but do not dispute the above factual aspect of the matter as argued on behalf of the applicant.

¶12

Having heard learned counsel for the parties and examined the matter in its entirety, I find that no specific role has been attributed to the applicant. I also find that co-accused Smt. Seema under similar circumstances has been granted bail as noted above and the case of present applicant is distinguishable from the case of co-accused Sunny (husband of the deceased), therefore, this Court is of the opinion that the applicant has made out a prima facie case for bail. Hence, the bail application is hereby allowed .

¶13

Let the applicant Sunit Kamal , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:-

¶14

(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.

¶15

(ii) That 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 ofÏcer or tamper with the evidence.

¶16

(iii) That after his release, the applicant shall not

¶17

involve in any criminal activity.

¶18

(iv) The identity, status and residential proof of sureties will be verified by court concerned.

¶19

In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail.

¶20

Order Date :- 22.5.2023 Shubham

¶21

Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad

Sunit Kamal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sunit Kamal v. State of U.P.

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

Vijay Kumar Vs State of U.P.

Ashish Kumar Vs State of U.P.

Ankit Vs State of U.P.

Pradum Singh Vs State of U.P.

Pashupati Nath Tiwari @ Jugnu Vs State of U.P.

Vilal Vs State of U.P.