Allowed

Chandan Yadav v. State of U.P.

Allahabad HC28 Jan 2023BAIL/40708/2022

Case brief

AI extract

What is this about?

A bail application filed by the husband of a deceased woman accused of dowry-related offences and suicide was heard. The court observed that the applicant had made out a case for bail and allowed it subject to standard conditions.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties subject to conditions of non-tampering with evidence and regular appearance in court.

Chandan Yadav Vs State of U.P. — Cheque Dishonour | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40708 of 2022

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Applicant :- Chandan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Kanchan Sharma,Prashant Vyas Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Compliance affidavit filed by learned AGA is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed on behalf of applicant in Case Crime No. 86 of 2022, under Sections 498-A, 304-B, 323 of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Duddhi, District Sonbhadra with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that the applicant is the husband of the deceased Shivkumari. The marriage of the applicant was performed with the deceased in the year 2017 on the basis of the love affair. The parents and family members of the applicant were not happy with the marriage. It is submitted that the deceased was under depression due to behaviour of her parents. It is further submitted that the three children born out of the wedlock with the deceased. It is further submitted that the hyoid bone of the deceased found intact and she committed suicide. It is further submitted that applicant is languishing in jail since 30.04.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail and argued that the applicant is the husband of the deceased and she died within seven years of her marriage at the house of the applicant under suspicious circumstances.

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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, the Court

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is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Chandan Yadav in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:

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(1). The applicant will not tamper with the prosecution evidence during the trial.

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(2). The applicant will not influence any witness.

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(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

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(4). 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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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 28.1.2023 Mohit

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Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad

Chandan Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chandan Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

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