Allowed

Satya Prakash Mishra Alias Rahul v. State of U.P. Thru. Prin. Secy. Home Govt. U.P. Lko.

Allahabad HC23 Jan 2024/259/2023

Case brief

AI extract

What is this about?

In criminal miscellaneous bail application under Sections 498A, 304-B, and 323 IPC, the Allahabad High Court allowed bail for the accused husband. The court relied on the postmortem report indicating ante-mortem hanging without prior harassment material and the applicant's lack of criminal antecedents after two and a half years in custody.

What did the court decide?

Released on bail in FIR No.295 of 2021 by furnishing personal bonds and two reliable sureties of Rs.25,000/- each with conditions to attend hearings and not tamper with evidence.

Satya Prakash Mishra Alias Rahul Vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:6562

¶2

Court No. - 12

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 259 of 2023

¶4

Applicant :- Satya Prakash Mishra Alias Rahul Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. U.P. Lko.

¶5

Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A.

¶6

Hon'ble Pankaj Bhatia,J.

¶7

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

¶8

The applicant seeks enlargement on bail in FIR No.295 of 2021, under Sections 498A, 304-B, 323 IPC and Section 3/4 of D.P. Act, Police Station Mawai, District Ayodhya/Faizabad.

¶9

In terms of the FIR, it was alleged that the sister of the informant was married to the applicant around six years ago. Subsequently, her matrimonial family was harassing her for dowry and on 02.11.2021, all the family members killed the sister of the informant for dowry. Learned counsel for the applicant draws my attention to the postmortem report which records the cause of death as asphyxia due to ante-mortem hanging. The applicant is the husband of the victim and is custody since 06.11.2021.

¶10

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

¶11

Considering the postmortem report on record, which discloses the cause of death as ante-mortem hanging coupled with the fact that there are no material to suggest that soon before the death of the victim, the victim was subjected to any physical or mental harassment in relation to the demand of dowry coupled with the fact that the applicant has no criminal antecedents and he has been in custody for more than two and half years, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

¶12

Let the applicant Satya Prakash Mishra Alias Rahul be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:

¶13

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

¶14

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

¶15

(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.

¶16

Order Date :- 23.1.2024 Vipul

¶17

Digitally signed by :- VIPUL PRATAP GOGAL High Court of Judicature at Allahabad, Lucknow Bench

Satya Prakash Mishra Alias Rahul v. State of U.P. Thru. Prin. Secy. Home Govt. U.P. Lko.

Case brief

What is this about?

What did the court decide?

Satya Prakash Mishra Alias Rahul v. State of U.P. Thru. Prin. Secy. Home Govt. U.P. 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

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

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

Chhote Alias Samarpal Vs State of U.P. through Principal Secretary Home U.P. Government, Lucknow

Ravendra Mishra Vs State of U.P. Thru. Prin. Secy. Home Lko.

Priya Mishra Vs State of U.P. Thru. Secy. Home Lko. and Another

Shamshuddin Vs State of U.P. Thru. Prin. Secy. Home, Lko.