Allowed

Nanak v. State of U.P.

Allahabad HC28 Aug 2023BAIL/58801/2022

Case brief

AI extract

What is this about?

In a bail application under Sections 304B IPC, 498A IPC, and 3/4 D.P. Act regarding a dowry-related death where a daughter-in-law died within 15 months of marriage, the court allowed bail citing prolonged custody and a relative's release.

What did the court decide?

Released on bail subject to furnishing personal bond, sureties, and abiding by conditions to appear for trial, not tamper with evidence, and avoid criminal activity.

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

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Neutral Citation No. - 2023:AHC:173834

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58801 of 2022

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Applicant :- Nanak Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Satsangi,Satya Pal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Case called out. None appeared on behalf of the informant. However, learned AGA for the State is present.

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Heard Sri Satya Pal Singh, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 234 of 2022, under Sections 304B, 498A, 504 IPC and Section 3/4 D.P. Act, Police Station Gunnaur, District Sambhal during pendency of the trial.

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FIR of the present case was lodged against applicant and her two family members including the husband of the deceased and according to the FIR, marriage of the sister of the informant was performed with the son of the applicant about 15 months before and after marriage applicant and his family members tortured the deceased for demand of dowry and on 21.07.2022, they have committed her murder.

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Learned counsel for the applicant submitted that applicant is father-in-law of the deceased and totally on the basis of false allegation of demand of dowry and harassment he has been made accused in the present matter.

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He further submits that actually deceased was a peevish natured lady and due to that reason, she committed suicide as some dispute arose between husband and wife.

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He further submits that even as per autopsy surgeon deceased died due to anti mortem hanging but he also noted some abrasions on her body but it appears that she sustained these abrasions while she was trying to commit suicide.

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He further submits that applicant in the present matter is in jail since 11.08.2022 i.e. for more than a year and mother-in-law of the deceased has already been released on bail by this Court vide order dated 31.7.2023 passed in Crl. Misc. Bail Application No. 53745 of 2022.

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Per contra, learned AGA opposed the prayer for bail and submits that daughter-in-law of the applicant died within 15 months of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of demand of dowry.

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He further submits that deceased also sustained four abrasions apart from one ligature mark, therefore, it cannot be completely ruled out that deceased was forcibly hanged by accused persons including applicant.

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

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Although, daughter-in-law of the applicant died within 15 months of her marriage under abnormal circumstances in her matrimonial home and there is also demand of dowry and post mortem report also suggests that deceased sustained four abrasions apart from ligature mark but from the perusal of the post mortem report, it appears that deceased died due to hanging and she sustained abrasions on her buttock, thigh, knee and abdomen, therefore, argument advanced by learned counsel for the applicant that during the course of commission of suicide she might have sustained these abrasions cannot be completely brushed aside.

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Further, applicant is father-in-law of the deceased and he is in jail for more than a year and mother in law of the deceased has already been released on bail.

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Therefore, considering the facts and circumstances of the case , discussed above, in my view, applicant is 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- Nanak, 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 :- 28.8.2023 Ankita

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

Nanak v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nanak v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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