Allowed

Vinod Pal v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko.

Allahabad HC2 Jan 2024/4073/2023

Case brief

AI extract

What is this about?

The Allahabad High Court (Lucknow Bench) allowed criminal bail to the applicant Vinod Pal charged under Sections 498A and 304B IPC. The court noted a discrepancy between ante mortem injuries and the cause of death in the post mortem report and granted bail due to the applicant's clean criminal record.

What did the court decide?

Release on personal bond and two sureties of Rs.25,000/- each subject to undertaking appearance, refraining from similar offences, and not inducing witnesses.

Vinod Pal Vs State of U.P. Thru. Prin. Secy. Deptt. of… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:251

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4073 of 2023

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Applicant :- Vinod Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. Counsel for Applicant :- Srees Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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

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2 . In terms of the FIR, it was alleged that cousin sister of the informant was married to the applicant in the year 2014, subsequently, she was being harassed for non payment of dowry and on 01.05.2021, an information was received that she committed suicide by hanging.

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3 .The contention of the counsel for the applicant is that in the post mortem report on record, which is contained in Annexure No. 3, a ligature mark is indicated on the front of the neck below the chin and an abrasion is seen on the upper leg and the toe, he argues that on the basis of the said post mortem report, the cause of death clearly has to be asphyxia on account of ante mortem hanging, however, said post mortem report concludes the cause of death as asphyxia due to ante mortem strangulation. In the light of the said, the counsel for the applicant argues that for ante mortem strangulation, injuries has to be visible on the neck region, which according to the post mortme report are not visible apart from the ligature mark, which is visible in the post mortem report. He further argues that the applicant has a daughter aged about three years and the marriage survived for almost seven years, thus, even the motive as alleged pertaining to the demand of dowry is clearly not present. The applicant has no criminal history and is in custody since 04.05.2021. He further argues that only charge has been framed and no evidence has been recorded.

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

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5. Considering the submissions made at the bar, prima facie, the cause of death shown in the post mortem report, does not match with the ante mortem injuries indicated in the post mortem report itself, which records only ligature mark on the neck, the applicant has no criminal history and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, 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 Vinod Pal be released on bail in FIR/ Case Crime No. 143 of 2021, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, Police Station Fatehpur Chaurasi, District Unnao, 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 :- 2.1.2024 Arun

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

Vinod Pal v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko.

Case brief

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Vinod Pal v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko.

Case brief

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