Allowed

Shubham Shukla @ Badey v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lucknow

Allahabad HC20 Feb 2024/1873/2024

Case brief

AI extract

What is this about?

This single judge criminal bail application was considered where the applicant was accused of dowry-related murder. The court granted bail noting the cause of death was ante-mortem hanging without specific averment of dowry harassment prior to death, coupled with three co-accused already being on bail.

What did the court decide?

Released on bail by furnishing personal bonds and two sureties of Rs. 20,000 each under specific conditions.

Shubham Shukla @ Badey Vs State of U.P. Thru. Prin… — Domestic Violence | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:14912

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1873 of 2024

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Applicant :- Shubham Shukla @ Badey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lucknow Counsel for Applicant :- Bhagwati Prasad Nigam,Anurag Shukla

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Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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

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2 . The applicant seeks enlargement on bail in FIR No.313 of 2023, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, Police Station Maigalganj, District Lakhimpur Kheri.

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3 . In terms of the FIR, it was alleged that the daughter of the informant was married to the applicant around 4 years ago and on 07.08.2023, an information was received that the daughter was hanged to death by the matrimonial family. As per the postmortem report, the cause of death is due to asphyxia as a result of ante mortem hanging. Apart from the ligature mark, no other injury was visible except two abraded contusion on the shoulder and head.

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

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5. Considering the fact that the cause of death is due to ante mortem hanging and there is no averment that soon before death, the victim was harassed either mentally or physically in relation to the demand of dowry at the instance of the applicant and also the fact that three of the co-accused being the family members of the applicant have already been enlarged on bail, copies of the bail orders are on record; coupled with the fact that the applicant has no criminal antecedents and is in custody since 10.08.2023, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

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6. Let the applicant Shubham Shukla @ Badey be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of

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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 officer or tamper with the evidence.

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Order Date :- 20.2.2024 akverma

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

Shubham Shukla @ Badey v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lucknow

Case brief

What is this about?

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Shubham Shukla @ Badey v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lucknow

Case brief

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What did the court decide?

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