Allowed

Devendra v. State of Up through Its Secratary Home

Allahabad HC2 Mar 2023BAIL/6778/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 6778 of 2023, the Court allowed bail for the applicant accused under Sections 498-A, 304-B IPC and Dowry Prohibition Act. The Court was satisfied that the applicant has made out a case for bail considering the nature of allegations, ground of arrest, and period of custody.

What did the court decide?

Application allowed; applicant released on bail under personal bond and two sureties subject to conditions.

Devendra Vs State of Up through Its Secratary Home — Dowry and Cruelty | Allahabad HC (2023)

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6778 of 2023

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Applicant :- Devendra Opposite Party :- State Of Up Through Its Secratary Home Counsel for Applicant :- Manish Kumar Kashyap,V.P. Singh Kashyap Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri V.P. Singh Kashyap, learned counsel for the applicant and the learned AGA for the State and perused the record.

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It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case being brother-in-law(Jeth) of the deceased. The FIR was lodged against five accused persons including the applicant with general allegations and there is no specific role assigned to the applicant. The entire family has been roped in this case by the informant. It is further submitted that the applicant has never demanded any dowry nor tortured the deceased and has not committed any offence as alleged in the FIR. It is stated in paragraph 16 of the affidavit filed in support of bail application that the applicant alongwith his wife and two children was living separately and had no concern in any manner with the family affairs of the deceased and her husband. There is no possibility of applicant of fleeing away from the judicial process or tampering with the prosecution evidence.The applicant has no criminal history. The applicant is in jail since 19.10.2022 and if released on bail, he will not misuse the liberty of bail.

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On the other hand, learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, 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.

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Let applicant- Devendra be released on bail in Case Crime No.460 of 2022, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, Police Station Garhmukteswr, District Hapur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned, subject to the following conditions:

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(i) The applicant will not tamper with prosecution evidence in any manner whatsoever.

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(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activity.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 2.3.2023 P.P.

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

Devendra v. State of Up through Its Secratary Home

Case brief

What is this about?

What did the court decide?

Devendra v. State of Up through Its Secratary Home

Case brief

What is this about?

What did the court decide?

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