Allowed

Surendra and Another v. State of U.P.

Allahabad HC7 Apr 2023BAIL/13064/2023

Case brief

AI extract

What is this about?

This court allowed a bail application for applicants charged under Sections 498-A, 304-B IPC and the Dowry Prohibition Act. Granting bail on the ground of parity with a co-accused already released, the court imposed standard conditions including non-tampering with evidence and regular appearance.

What did the court decide?

Release of Surendra and Smt. Maya Devi on personal bond and two sureties each, with conditions to appear in court and not tamper with evidence.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13064 of 2023

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Applicant :- Surendra And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sita Ram Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Sita Ram Sharma, learned counsel for the applicants as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record.

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Applicants seek bail in Case Crime No. 115 of 2021, under Sections 498-A & 304-B of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Panki, District Kanpur Nagar, during the pendency of trial.

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It is submitted by learned counsel for the applicants that similarly placed co-accused person, Dharmendra Singh Chauhan has already been enlarged on bail by another Bench of this Court vide order dated 10.03.2022 passed in Criminal Misc. Bail Application No. 49869 of 2021. The applicants are languishing in jail since 05.02.2023. He further submitted that since the applicants are not named in the FIR, their case is on a better footing to the co-accused, who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. Learned counsel has further stated that there is no other criminal history of the applicants except a case instituted by the deceased u/s 498-A IPC.

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The prayer for bail have been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of parity to the coaccused has not been disputed by him.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation,

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MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed on the ground of parity.

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Let the applicants- Surendra and Smt. Maya Devi, involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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i. The applicants will not tamper with the evidence during the trial.

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ii. The applicants will not pressurize/ intimidate the prosecution witness.

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iii. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.

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iv. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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v. The applicants 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.

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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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Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.

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(Justice Krishan Pahal)

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Order date:- 7.4.2023 Siddhant

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Surendra and Another v. State of U.P.

Case brief

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Surendra and Another v. State of U.P.

Case brief

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