Allowed

Bechai Chaudhari and Another v. State of U.P.

Allahabad HC7 Aug 2023BAIL/15502/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by the father and mother-in-law of the deceased accused under Sections 498A and 304-B IPC. The court observed that the applicants are old-aged persons with no prior criminal history, are cooperative, and are not a flight risk. Bail was granted subject to standard conditions.

What did the court decide?

Applicants directed to be released on bail by furnishing a personal bond and two heavy local sureties.

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

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Neutral Citation No. - 2023:AHC:158266

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15502 of 2023

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Applicant :- Bechai Chaudhari And Another Opposite Party :- State of U.P. Counsel for Applicant :- Subhash Chandra Yadav,Sandeep Kumar Yadav

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Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.

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Learned counsel for the applicant contends that the applicants have been falsely implicated in the instant case. The applicants are the father and mother in-laws of the deceased. The applicants never demanded dowry or did they torture the deceased. In fact, the applicants never interfered in the domestic life of the deceased and her husband. The applicant is bereaved by the death of their daughter-in-law and prays for peace of the departed soul. However, for the purpose of the bail application, it is submitted that the deceased was a temperamental lady, who was prone to extreme reactions even on trivial issues. Learned counsel further submits that the informant, witnesses, independent witness, mother of the deceased have specifically stated in their statements recorded under Section 161 Cr.P.C. that the husband of the deceased in a drunken state used to harass and beat the deceased for want of dowry. He further submits that general allegation has been levelled against the applicants and that the applicants being the father and mother in-laws of the deceased have been falsely roped in the present case. The applicant did not abet or instigate the deceased to commit the suicide. The applicant does not have any criminal history apart from the instant case. The applicants are old aged person, who resides in Maharajganj with their family. The applicants are not a flight risk. The applicants are law abiding citizen who has cooperated with the police investigation and shall join the trial proceeding. There is no possibility of their influencing witnesses, tampering with the evidence or

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reoffending. The applicants are in jail since 17.01.2023 and 07.01.2023 respectively.

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Learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. He does not contest the criminal history of the applicants as disclosed in the bail application.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicants has made out a case for bail. Hence the bail application is allowed.

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Let applicants Bechai Chaudhari and Draupadi Devi involved in Case Crime No.596 of 2022 under Sections 498A, 304-B I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Nichlaul, District Maharajganj, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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I. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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II. The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.

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III. In case, the applicants misuses the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

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IV. The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this

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condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against them in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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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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Order Date :- 7.8.2023

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S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Bechai Chaudhari and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bechai Chaudhari and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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