Allowed

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

Allahabad HC22 Jan 2024/2598/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to an accused in a dowry death case under Sections 498A IPC and 304-B IPC. Considering the suicide in the postmortem and lack of immediate harassment evidence, the court released the applicant on bail with sureties and standard conditions.

What did the court decide?

The applicant Chhote Alias Samarpal released on bail on personal bond and two sureties of Rs. 25,000 each.

Chhote Alias Samarpal Vs State of U.P. through Principal… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:6107

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2598 of 2023

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Applicant :- Chhote Alias Samarpal Opposite Party :- State Of U.P. Through Principal Secretary Home U.P. Government, Lucknow Counsel for Applicant :- Anil Kumar Tiwari,Abhilash Mishra,Ajeet Kumar Singh 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.209 of 2022, under Sections 498A, 304-B IPC and Section 3/4 of D.P. Act, Police Station Behta Gokul, District Hardoi.

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3 . In terms of the FIR, it was alleged that the daughter of the informant got married to the applicant around 6 years ago and the entire matrimonial family was constantly harassed her daughter for dowry and on 18.04.2022, he received an information that the daughter had committed suicide. In the postmortem report apart from the ligature mark, two contusions injury were shown, one on the right forearm and other on the right thigh. The cause of death is shown as asphyxia due to ante mortem hanging.

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

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5. Considering the said postmortem report and there being no material to show that soon before death, 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 is in custody since 20.04.2022, 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 Chhote @ Samarpal 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:

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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 :- 22.1.2024 akverma

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

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

Case brief

What is this about?

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

Case brief

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What the court decided

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