Allowed

Dinesh v. State of U.P.

Allahabad HC24 Jul 2023BAIL/33319/2021

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the bail application of an applicant accused of dowry harassment and dowry-related murder. The court observed the hostilities of key witnesses and the absence of a viscera report, granting bail without expressing an opinion on the case's merits.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties, subject to standard bail conditions.

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

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Neutral Citation No. - 2023:AHC:147362

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33319 of 2021

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Applicant :- Dinesh Opposite Party :- State of U.P. Counsel for Applicant :- Arjun Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Arjun Singh Yadav, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 215 of 2018, under Sections 498-A, 304-B IPC & 3/4 D.P. Act, Police Station- Husainganj, District- Fatehpur during pendency of the trial in the court below.

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FIR of the present case was lodged against the applicant and his family members and according to the FIR, marriage of the applicant was performed with the deceased on 10.07.2018 and after marriage, she was tortured by the applicant and his family members for demand of Rs. 50,000/- and a motor-cycle and on 01.09.2018 applicant and his family members committed her murder by administering some poisonous substance to her.

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Learned counsel for the applicant submitted that entire allegation of demand of dowry and harassment made against the applicant is totally false and baseless and actually deceased was suffering with mental disease and only due to this reason, she committed suicide by consuming some poisonous substance.

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He further submitted that although, viscera was preserved as cause of death could not be ascertained but till date, no viscera report is on record. He further submitted that applicant is in jail since 21.09.2018 i.e. for last about five years. He further submitted that informant and other witnesses of fact have been declared hostile during trial.

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Per contra, learned AGA although, opposed the prayer for bail but could not dispute the fact that informant and other witnesses of

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fact have been declared hostile and applicant is in jail since 21.09.2018 i.e. for last about five years.

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I have heard learned counsel for the parties and perused the record of the case.

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Although, applicant is the husband of the deceased but till date, even viscera report is not on record and applicant is in jail since September, 2018 i.e. for last about five years and informant and other family members of the deceased have been declared hostile, therefore, in my view, applicant entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Dinesh be released on bail in the aforesaid case 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) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 24.7.2023

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KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Dinesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dinesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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