Allowed

Ram Chandra v. State of U.P. Thru. Secy. Deptt. of Home, Lko.

Allahabad HC26 Feb 2024/120/2024

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 120 of 2024, the Allahabad High Court granted bail to Ram Chandra, an accused in a dowry death case, observing no allegations of harassment against him and noting the suicide finding in the post-mortem report.

What did the court decide?

Relief granted: Release on bail by executing a personal bond and furnishing two reliable sureties of Rs. 20,000 each.

Ram Chandra Vs State of U.P. Thru. Secy. Deptt. of Home… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:17228

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 120 of 2024

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Applicant :- Ram Chandra Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home, Lko. Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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

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In terms of the F.I.R., it was alleged that the sister of the informant was married to the applicant in the year 2018. Subsequently, the daughter of the informant was found dead near Sarju canal.

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Learned counsel for the applicant argued that in terms of the inquest report also, it was expressed that she has committed suicide. It is also stated that the applicant was also present during the inquest. He also drawn my attention to the post mortem report which records the cause of death as ante mortem drowning and no injury was seen over the body of the deceased.

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It is further argued that the co accused Mahinka @ Foolgenda and Kandhai (mother-in-law and father-in-law of the deceased) have been granted bail vide orders dated 5.7.2023 and 13.7.2023, respectively. The applicant is in jail since 24.4.2023 and the applicant has no criminal history, hence the applicant may be released on bail.

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

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Considering the inquest report on record coupled with the fact that even in the statement, there was no allegation against the applicant that the deceased was subjected to any physical or mental harassment in relation to the demand of

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dowry at the instance of applicant, particularly the fact that the applicant is in custody since 24.4.2023 and has no criminal history 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.

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Accordingly, the bail application is allowed.

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Let the applicant Ram Chandra be released on bail in FIR/ Case Crime No.31 of 2023, under Sections 498-A, 304-B I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Kotwali Jarwa, District Balrampur 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 :-

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

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

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(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.

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Order Date :- 26.2.2024

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Shukla

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

Ram Chandra v. State of U.P. Thru. Secy. Deptt. of Home, Lko.

Case brief

What is this about?

What did the court decide?

Ram Chandra v. State of U.P. Thru. Secy. Deptt. of Home, Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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