Allowed

Angad v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC3 Jan 2024/156/2023

Case brief

AI extract

What is this about?

In a bail application filed under the Dowry Prohibition Act and IPC regarding a dowry-related suicide case, the court granted bail to the husband despite the charge sheet being filed, noting no criminal history and no risk of tampering.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two sureties with specific conditions regarding tampering, intimidation, adjournments, and court attendance.

Angad Vs State of U.P. Thru. Prin. Secy. Home Lko. — Domestic Violence | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:428

¶2

Court No. - 14

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 156 of 2023

¶4

Applicant :- Angad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anand Kumar Srivastava Counsel for Opposite Party :- G.A.

¶5

Hon'ble Karunesh Singh Pawar,J.

¶6

1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

¶7

2. Learned counsel for the applicant submits that the deceased wanted to live separately from his family and due to persistent refusal by the applicant to live away from his parents, she committed suicide. It is submitted that no dowry was demanded from the parents of the deceased. During investigation, name of mother in law and father in law of the deceased has been dropped by the investigating officer. Being husband, the charge sheet has been filed against the applicant only. The statement of P.W.1 has been recorded and there is no possibility of tampering the evidence. The applicant has no previous criminal history. The applicant is in jail since 3.6.2021.

¶8

It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

¶9

3. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

¶10

4. Considering the facts and circumstances of the case, the fact that the applicant has no criminal history and charge-sheet in the matter has already been filed, cause of death is hanging and there is no anti mortem injury, arguments advanced by learned counsel for the parties, the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

¶11

5. Let the applicant Angad, involved in Case Crime No.74 of 2021 under sections 498-A, 304-B I.P.C. and sections 3/4

¶12

Dowry Prohibition Act, P.S. Laliya, district Balrampur be released on bail 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 which are being imposed in the interest of justice:-

¶13

(i) The applicant will not tamper with the evidence during the trial.

¶14

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

¶15

(iii) 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 officer or tamper with the evidence.

¶16

(iv) 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.

¶17

(v) 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.

¶18

(vi) 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.

¶19

6. The application is allowed accordingly.

¶20

Order Date :- 3.1.2024 kkb/

¶21

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

Angad v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Angad v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jaikaran Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Veeru Singh Vs State of U.P. Thru. I.O. and 3 Others

Rizwan Vs State of U.P. Thru. Prin. Secy. Home Deptt. Govt. of U.P. Civil Sectt. Lko. and 3 Others

Parmendra Bajpai Vs State of U.P. Thru. Prin. Secy. Home Civil Lko.

Surenrda Vs State of U.P. Thru. Prin. Secy. Home Govt. U.P. Lko.

Surendra Kumar Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko.