Allowed

Tirathram v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko

Allahabad HC21 Oct 2024/11013/2024

Case brief

AI extract

What is this about?

A Criminal Misc. Bail Application filed by Tirathram, father-in-law of the deceased victim in a dowry death case. The court granted bail considering no specific allegations against him, the hanging cause of death, and his undertaking to cooperate in the trial.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties, subject to conditions regarding attendance in court and not leaving India.

Tirathram Vs State of U.P. Thru. Addl. Chief Secy… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:70497

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11013 of 2024

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Applicant :- Tirathram Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko Counsel for Applicant :- Pankaj Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Shri P.K. Shukla, learned counsel for the applicant and Shri A.K. Verma, learned A.G.A. for the State.

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As per learned counsel for the applicant, the present applicant is in jail since 4.8.2024 in Case Crime No. 199 of 2024, under Sections 80, 85 of Bhartiya Nyaya Sanhita (in short "B.N.S.") and Section 3/4 of Dowry Prohibition Act, Police StationKhargupur, District- Gonda.

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Learned counsel for the applicant has submitted that the present applicant, who is father-in-law of the victim (since deceased), has been falsely implicated in the case as he has not committed any offence as alleged. Even as per the FIR, no specific allegation has been levelled against the present applicant, rather general allegation has been levelled regarding demand of dowry. It has been further submitted that the present applicant had nothing to do with the family affairs of his son. His relations with his daughter-in-law were cordial and he never demanded any dowry from her or her family members. Learned counsel for the applicant has further submitted that cause of death is hanging. As per post-mortem report, there is only one ligature mark around the neck area and no other injury was found on the body of the deceased. There is no previous criminal history of any kind whatsoever against the present applicant.

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Learned counsel has further stated that the applicant undertakes that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail.

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Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant.

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Without entering into merits of the issue, considering the

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arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is father-in-law of the deceased, no specific allegation has been levelled against him; cause of death is hanging; as per postmortem report, there is only one ligature mark around the neck area, which might be caused due to hanging; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant- Tirathram, be released on bail in the aforesaid case crime number on his 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 file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when 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.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(v) The applicant shall not leave India without previous permission of the court.

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Order Date :- 21.10.2024 Shravan

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

Tirathram v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko

Case brief

What is this about?

What did the court decide?

Tirathram v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko

Case brief

What is this about?

What did the court decide?

What the court decided

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