The High Court allowed the bail application of Satendra Singh in a dowry death case invoking Sections 498A IPC and 304B IPC. The court found that the applicant has made out a case for bail.
Released on bail on furnishing personal bond and two heavy sureties subject to conditions restraining interference with evidence and prosecution witnesses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16570 of 2020
Applicant :- Satendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Singh,Abhishek Kumar Srivastava,Usha Srivastava,Vinod Kumar Srivastava Counsel for Opposite Party :- G.A.,Mool Chandra Maurya
Hon'ble Krishan Pahal,J.
bail application as annexure no.2. Learned counsel has further stated that had the allegations levelled in the FIR being true, the same would have been levelled at the stage of inquest proceedings itself. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 22.12.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
(i) The applicant will not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
(v) 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 officer or tamper with the evidence.
Order Date :- 1.2.2023 Ravi Kant
Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant in a trial for dowry death and cruelty.
Whether the delay in FIR and lack of corroborative evidence at inquest stage warrants granting bail.
3 provisions across 2 enactments
Satendra Singh
Ravi Kant
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
