Atul Yadav @ Pradeep Vs State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2024)

Atul Yadav @ Pradeep Vs State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Release of applicant Atul Yadav @ Pradeep on bail in FIR/Case Crime No. 169 of 2023 under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Maheshganj, District Pratapgarh, on furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned, subject to conditions: (a) execution of a bond undertaking to attend hearings; (b) not to commit any offence similar to the offence of which he is accused or suspected; and (c) not to 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 police, or tamper with the evidence.

Issue for consideration

Whether the applicant, Atul Yadav @ Pradeep, is entitled to be released on bail in FIR/Case Crime No. 169 of 2023 under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Maheshganj, District Pratapgarh.

Court's answer

The fact witnesses have already been examined and only formal witnesses are to be examined.

Ratio / Principle

There is nothing on record to demonstrate that the applicant if enlarged on bail would in any way adversely affect the trial; therefore, without expressing any opinion on merit, the applicant is entitled to be released on bail.

Key takeaways

The bail application is allowed and the applicant is to be released on bail on furnishing personal bonds and two reliable sureties of Rs.20,000/- each, subject to the enumerated conditions.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Pankaj Bhatia, J.) — Second bail application under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act (FIR/Case Crime No. 169 of 2023, P.S. Maheshganj, District Pratapgarh). The first bail application had been rejected on 25.05.2024 with directions to examine the fact witnesses within three months. Those directions having been complied with — the mother of the deceased stating that the information of death was given by the applicant and levelling no specific allegation that he caused physical or mental injuries to the deceased soon before her death in relation to dowry demand — and only formal witnesses remaining, with nothing on record to show that enlargement would adversely affect the trial, the Court, without expressing any opinion on merit, allowed the bail application. Release ordered on personal bonds and two reliable sureties of Rs.20,000/- each, subject to conditions of attending hearings, abstaining from similar offences, and refraining from inducement, threat, promise or tampering with evidence.

Neutral Citation No. - 2024:AHC-LKO:65956

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10111 of 2024

Applicant :- Atul Yadav @ Pradeep Opposite Party :- State Of U.P. Thru. Prin. Secy. Home , Lko.

Counsel for Applicant :- Brijesh Kumar Yadav,Rakesh Kumar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

2 . This is the second bail application. The first bail application filed on behalf of the applicant was rejected by this Court vide order dated 25.05.2024 when directions were also issued for examining the fact witnesses within a period of three months.

3 . While arguing the second bail application, the counsel for the applicant argues that the fact witnesses have been recorded. He draws my attention to the statement of the mother of the deceased, who has stated that the information with regard to death was given by the applicant, no specific allegation has been leveled that the applicant had caused the physical or mental injuries to the deceased soon before her death in relation to demand of dowry.

4. Learned A.G.A. opposed the bail prayer.

5. Considering the fact that the fact witnesses have already been examined and only formal witnesses are to be examined and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is

entitled to be released on bail. Accordingly, the bail application is allowed .

6. Let the applicant Atul Yadav @ Pradeep be released on bail in FIR/ Case Crime No. 169 of 2023, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Maheshganj, District Pratapgarh, on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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 or tamper with the evidence.

Order Date :- 23.9.2024 Arun

Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench