Allowed

Nem Veer v. State of U.P.

Allahabad HC1 Mar 2023BAIL/38092/2021

Case brief

AI extract

What is this about?

In a bail application regarding charges of cruelty and abetment of suicide, the High Court identified the case as fit for bail. The court, while declining to express an opinion on merits, granted bail subject to standard conditions including security and restrictions on tampering.

What did the court decide?

Release of applicant on bail upon furnishing a personal bond and two heavy sureties, subject to specified conditions regarding tampering and trial attendance.

Nem Veer Vs State of U.P. — Matrimonial and Divorce | Allahabad HC (2023)

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Court No. - 59

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38092 of 2021

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Applicant :- Nem Veer Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Kumar Mishra,Anupam Dubey,Rajiv Lochan Shukla,Suresh Chandra Pandey Counsel for Opposite Party :- G.A., Amit Kumar

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard Sri Rajiv Lochan Shukla, learned counsel for the applicant, learned A.G.A. for the State, Sri Amit Kumar learned counsel for the informant and perused the record of the present bail application.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 287 of 2021, under Sections 498A, 306 IPC, Police Station Dankaur, District Gautam Buddha Nagar.

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Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. It is further submitted that as per post mortem report, the cause of death is asphyxia due to ante mortem hanging. No other injury was found except a ligature mark around the neck with a gap of 12 cm and is a case of suicide. The marriage of the deceased with the accused is 12 years old. From the statement of the witnesses, it is evident that there is no active or direct role of abetment assigned to the applicant. It is further submitted that accused-applicant has no criminal history except the present case and he is prepared to furnish sureties and bonds and there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 05.08.2021 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.

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Learned counsel for the informant as well as learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Considering the entire facts and circumstances of the case as well as submissions made by learned counsel for the parties and

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without expressing any opinion on merits of the case, I find it a fit case for bail.

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In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Nem Veer involved in aforesaid crime be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime similar to the offence of which he is accused after being released on bail.

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(iv) 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 to any police officer or tamper with the evidence.

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(v) The identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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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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Order Date : - 1.3.2023 Puspendra

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Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Nem Veer v. State of U.P.

Case brief

What is this about?

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Nem Veer v. State of U.P.

Case brief

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