Allowed

Kushlesh Dixit v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Allahabad HC14 Mar 2024/566/2024

Case brief

AI extract

What is this about?

In a bail application under Sections 498-A, 304-B IPC and Dowry Prohibition Act, the Allahabad High Court allowed release on bail. The court noted prima facie evidence suggesting the applicant took the deceased to the hospital, with no direct evidence of dowry harassment prior to death.

What did the court decide?

Applicant released on bail on personal bonds and two sureties of Rs.20,000 each with conditions to attend hearings and not tamper with evidence.

Kushlesh Dixit Vs State of U.P. Thru. Prin. Secy… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:22387

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 566 of 2024 Applicant :- Kushlesh Dixit Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Applicant :- Upendra Prakash Pathak,Mansi Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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

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In terms of the F.I.R., it was alleged that the daughter of the informant was married to the applicant on 6.5.2023 and subsequently, she died on account of burn injuries sustained at the instance of the entire matrimonial family members.

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Learned counsel for the applicant has argued that the victim died on account of an accident and the cause of death is shown as ante mortem burn injuries.

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Learned counsel for the applicant has drawn my attention to the fact that at the time of the inquest, the applicant was present and the applicant has taken the deceased to the hospital which fact is stated in Annexure No.9. In the light of the said, applicant argued that the applicant has no criminal history and is languishing in jail since 20.5.2022, hence he may be released on bail.

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Learned A.G.A. opposed the bail application by arguing that the applicant is the husband of the deceased and the cause of death as ante mortem burn injuries and the death caused within seven years of marriage, hence the bail application should be rejected.

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Considering the submissions made at the bar prima facie from the perusal of inquest report and the statements, it is clear that the applicant had taken the deceased to the hospital, there is no suggestion or the document of use of any force on

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the body of the deceased except the ante mortem burn injuries coupled with the fact that there is nothing on record to allege that soon before the death, the applicant has subjected the deceased to any physical or mental harassment in relation to the demand of dowry particularly the fact that the applicant is in custody since 20.5.2023 having 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.

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Accordingly, the bail application is allowed.

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Let the applicant Kushlesh Dixit be released on bail in FIR/ Case Crime No.241 of 2022, under Sections 498-A, 304-B I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Ram Sanehi Ghat, District Barabanki 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 :-

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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 ofÏcer or tamper with the evidence.

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Order Date :- 14.3.2024/Shukla

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

Kushlesh Dixit v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Case brief

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Kushlesh Dixit v. State of U.P. Thru. Prin. Secy. Home, Lucknow

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