Allowed

Hari Kishan Sahu v. State of U.P. Thru. Prin. Secy., Home, Lucknow

Allahabad HC14 May 2024/5201/2024

Case brief

AI extract

What is this about?

This bail application challengeable under 498A/304B IPC regarding a deceased daughter-in-law's death was allowed. The court relied on the postmortem report indicating hanging without other injuries and the applicant's separate living arrangement.

What did the court decide?

Applicant released on bail on personal bond with two sureties of Rs. 20,000/- each subject to conditions to attend hearings and not interfere with investigation.

Hari Kishan Sahu Vs State of U.P. Thru… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:36892

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5201 of 2024

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Applicant :- Hari Kishan Sahu Opposite Party :- State Of U.P. Thru. Prin. Secy., Home, Lucknow

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Counsel for Applicant :- Ashish Kumar,Raj Kumar Pandey 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 Sri Ramesh Kumar, learned A.G.A. and Sri Anand Kumar Srivastava, who has filed Vakalatnama on behalf of the informant perused the record. The Vakalatnama is taken on record.

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2 . The applicant seeks enlargement on bail in FIR No.30 of 2024, under Section 498A, 304B IPC & Section 3/4 of Dowry Prohibition Act, P.S. Kaiserbagh, District Lucknow.

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3 . In terms of the allegation levelled in the FIR it was alleged that the sister of the informant was married to the son of the applicant on 11.12.2023 and sufficient dowry was also given, however, the entire matrimonial family used to harass the sister of the informant and on 26.02.2024 information was received that the entire matrimonial family had killed the sister of the informant.

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4 . In the light of the said allegation, the submission of counsel for the applicant is that the applicant is father-in-law of the deceased having a separate living. The postmortem report on record indicates the cause of death as ante mortem hanging and apart from the ligature mark, no other injury was observed on the body of the deceased, as such, it is argued that the applicant who has separate living and is aged about 60 years may be enlarged on bail. It is stated that the applicant has no criminal history. He further argues that the co-accused mother-in-law has already been enlarged on bail by this Court vide order dated 09.05.2024 passed in Criminal Misc. Bail Application No.5016 of 2024.

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5 . Learned counsel for the complainant has opposed the bail application by arguing that the marriage itself survived for a very short term of three months and considering the fact that the

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applicant is father-in-law, the bail should be denied.

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6 . Learned AGA has also opposed the bail application.

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7 . Considering the submissions made at the Bar, prima-facie, in terms of the postmortem report and other materials, there is nothing to suggest that the applicant as the father-in-law had harassed the victim either physically or mentally in relation to demand of dowry soon before her death, as such, the applicant who is a lady and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed .

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8 . Let the applicant Hari Kishan Sahu be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of 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 :- 14.5.2024 akverma

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

Hari Kishan Sahu v. State of U.P. Thru. Prin. Secy., Home, Lucknow

Case brief

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Hari Kishan Sahu v. State of U.P. Thru. Prin. Secy., Home, Lucknow

Case brief

What is this about?

What did the court decide?

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Hari Kishan Sahu vs State of U.P. Thru. Prin. Secy., Home, Lucknow