Allowed

Amarjeet Barnwal v. State of U.P.

Allahabad HC24 Aug 2023BAIL/8560/2023

Case brief

AI extract

What is this about?

This court allowed a bail application under Sections 498A and 304B IPC and the Dowry Prohibition Act. The applicant, husband of a deceased who committed suicide, was released on personal bond and two sureties subject to conditions preventing tampering with evidence and ensuring court appearance, without making observations on the merits.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties in like amount to the satisfaction of the court below.

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

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Neutral Citation No. - 2023:AHC:170972

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8560 of 2023 Applicant :- Amarjeet Barnwal Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Prakash Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the bail application the applicant has prayed to be enlarged on bail in S.T. No. 539 of 2022 arising out of Case Crime No. 110 of 2022 at Police Station- Maiel, District- Deoria under Sections 498A, 304B, IPC and Section 3/4 of the Dowry Prohibition Act. The applicant is in jail since 26.06.2022.

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The bail application of the applicant was rejected by the learned trial court on 03.01.2023.

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The following arguments made by Shri Shashi Prakash Pandey, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Ashish Ojha, learned AGA from the record, entitle the applicant for grant of bail:

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The applicant is the husband of the deceased.

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The applicant never harassed the deceased nor did he demand dowry.

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The applicant is bereaved by the death of his wife.

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The deceased was a temperamental lady who was prone to extreme reactions over trivial issues.

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The applicant resided at Gorakhpur where he worked for a living. He could not take the deceased with him to Gorakhpur due to financial constraints.

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The deceased was under depression due to prolonged separation from her husband.

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On the fateful day, in a fit of rage, the deceased took the extreme step of ending her life. She committed suicide by hanging.

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The post mortem report opines that the cause of death is asphyxia due to antemortem hanging.

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Injuries depicted in the post mortem report consistent with hanging are:

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(i). Ligature mark with size 20cm x 1.5 cm attending from Lt. ear 6.5 cm Lt. ear 3.5 cm sternum 8cm chin 5cm on cutting ligature mark glistering.

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(ii). No abnormality was detected in the hyoid bone.

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The applicant did not abet or instigate the deceased to commit suicide.

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The applicant does not have any criminal history apart from this case.

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The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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

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Let the applicant- Amarjeet Barnwal be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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

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Order Date :- 24.8.2023 Pravin

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Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad

Amarjeet Barnwal v. State of U.P.

Case brief

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Amarjeet Barnwal v. State of U.P.

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