Allowed

Alok Verma v. State of U.P.

Allahabad HC21 Mar 2023BAIL/53078/2022

Case brief

AI extract

What is this about?

Hon'ble Siddharth, J. allowed the bail application of Alok Verma in a dowry death case, relying on the Apex Court judgment in Satendra Kumar Antil and considering jail overcrowding, without expressing an opinion on the merits of the case.

What did the court decide?

Release on bail subject to personal bond, two sureties, and conditions regarding tampering with witnesses, cooperating in trial, and attending court dates.

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

¶1

Court No. - 85

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53078 of 2022

¶3

Applicant :- Alok Verma Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.,Krishna Mohan Singh,Rajesh Pathak

¶4

Hon'ble Siddharth,J.

¶5

Heard Shri Gajendra Pratap Singh, learned Senior Counsel assisted by Shri Santosh Kumar Singh learned counsel for the applicant; learned counsel for the informant and learned A.G.A.

¶6

The instant bail application has been filed on behalf of the applicant, Alok Verma, with a prayer to release him on bail in Case Crime No. 385 of 2022, under Sections 498-A,304-B,323 IPC and section 3/4 D.P. Act Police Station Kaushambi, District- Ghaziabad, during pendency of trial.

¶7

There is allegation against the applicant of causing dowry death of his wife. Learned Senior counsel for the applicant has submitted that from the First information Report it is clear that soon before the death of the deceased she was not subjected to any cruelty on account of demand of dowry. It has further been pointed out that during the investigation C.C.T.V footage of the place of incident was recovered and in the C.C.T.V footage, it was seen that applicant was going towards the gate of house at 12.55 hours after taking a bag in left hand and at 12.56 hours deceased was seen falling from the upper floor of the house. From the CCTV footage it is clear that the deceased fell from the upper floor of the house.It is a case of false implication.The marriage of the applicant with deceased took place in the year 2017.It is further submitted that out six accused five have been exonerated. It is a case of accident which has been wrongly converted into false case of dowry death.The applicant is in jail since 16.7.2022 and has no criminal history.

¶8

Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant but

¶9

could not dispute the aforesaid facts.

¶10

Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 ; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed

¶11

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

¶12

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

¶13

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

¶14

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶15

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;

¶16

The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

¶17

The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

¶18

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶19

Order Date :- 21.3.2023

¶20

Atul kr. sri.

¶21

Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Alok Verma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Alok Verma v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Isha Agrawal Vs State of U.P. and Another

Ram Babu Awasthi @ Badelala and Another Vs State of U.P.

Anurag Chaturvedi @ Bhodu and 2 Others Vs State of U.P.

Arvind Kumar Vs State of U.P.

Neeraj Kumar Kanaujia Vs State of U.P.

Nirmala Devi Vs State of U.P.