Allowed bail application for the applicant, father-in-law of the deceased, in a case involving dowry harassment and culpable homicide by not causing death under similar allegations.
Released on bail in furnishing personal bonds and two sureties of Rs.20,000/- each.
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Neutral Citation No. - 2024:AHC-LKO:22127
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2831 of 2024
Applicant :- Rajesh Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. Counsel for Applicant :- Vinay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2 . The applicant seeks enlargement on bail in FIR No.504 of 2023, under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station Tandiyawan, District Hardoi.
3 . It is argued by the Counsel for the applicant that the applicant is the father-in-law of the deceased. The mother-in-law has been enlarged on bail by this Court vide order dated 27.02.2024 on similar allegations.
4. Learned A.G.A. vehemently opposed the bail prayer.
5. Considering the allegations to be similar against the applicant coupled with the fact that the applicant is the father-in-law and has no criminal antecedents and is in custody since 28.01.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .
6. Let the applicant Rajesh Mishra be released on bail in the abovesaid first information report number 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:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(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.
Order Date :- 13.3.2024 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant, father-in-law of the deceased with no criminal antecedents, is entitled to bail in similar allegations.
2 provisions across 2 enactments
Rajesh Mishra
State Of U.P.
Pankaj Bhatia
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
