Allowed

Vilal v. State of U.P.

Allahabad HC22 May 2023BAIL/20390/2023

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the Allahabad High Court allowed the applicant's petition regarding charges under Section 306 IPC and Dowry Prohibition Act, finding no positive evidence of abetment after the death was ruled a suicide by hanging.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two sureties in an amount to be fixed by the court.

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

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Neutral Citation No. - 2023:AHC:112262

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20390 of 2023

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Applicant :- Vilal Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Dwivedi Counsel for Opposite Party :- G.A.,Ehtesham Afsar Khan

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and Mr Ehtesham Afsar Khan, learned counsel appearing on behalf of the first informant.

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By means of this application under Section 439 of Cr.P.C., applicant, who is involved in Case Crime No. 365 of 2022, under Section 306 IPC and 3/4 of Dowry Prohibition Act, police station Bhojipura, district Bareilly, seeks enlargement on bail during the pendency of trial.

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As per prosecution case, in brief, the informant, who is father of Gudiya Bano (hereinafter referred to as 'the deceased') lodged a first information report on 19.7.2022 under Section 302 IPC and 3/4 of Dowry Prohibition Act against Saleem Khan (husband of the deceased) and his family members including the applicant, who is nephew of Saleem Khan with the allegations inter alia that marriage of his daughter (deceased) was solemnized with the applicant in the year 2013, but on account of dowry she was subjected to harassment and torture in her matrimonial home. On 19.7.2022, his daughter was badly beaten by her in-laws in her matrimonial home resulting in her death

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It is contended by learned counsel for the applicant that the applicant is the nephew of husband of the deceased and has no concern with the matrimonial affairs of the deceased with her husband. He next submitted that as per post-mortem report of the deceased, the cause of her death was asphyxia as a result of hanging and except ligature mark, no injury

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was found on her body. It is pointed out that after culmination of investigation, charge sheet has been submitted under Section 306 IPC and 3/4 of Dowry Prohibition Act, whereas there is no credible material of abetment or instigation on the part of the applicant. Co-accused Saleem Khan, who is the husband of the deceased has been granted bail by the Coordinate Bench of this Court in Criminal Misc. Bail Application No. 57336 of 2022 vide order dated 10.2.2023. Lastly, it is submitted by the learned counsel for the applicant that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 10.2.2023 and in case, he is released on bail, he will not misuse the liberty of bail and cooperate with the trial.

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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 could not dispute the above factual aspect of the matter as argued on behalf of the applicant.

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Having heard learned counsel for the parties and examined the matter in its entirety, I find that there is no positive evidence of abetment or instigation against the applicant, which are basic ingredient to constitute an offence under Section 306 IPC.

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Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Vilal, 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:

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(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly

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attend the court unless inevitable.

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(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.

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(iii) That after his release, the applicant shall not involve in any criminal activity.

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

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

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Order Date :- 22.5.2023 Ishrat

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Digitally signed by :- MOHAMMAD ISHRAT High Court of Judicature at Allahabad

Vilal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vilal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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