Rohit Vs State of U.P. Thru. Prin. Secy. (Home) U.P. Lko. — Dowry and Cruelty | Allahabad HC (2024)

Rohit Vs State of U.P. Thru. Prin. Secy. (Home) U.P. Lko. — Dowry and Cruelty | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Applicant Rohit to be released on bail in FIR/Case Crime No. 208 of 2022, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Mall, District Lucknow, on furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned, subject to conditions: (a) bond to attend hearings; (b) not to commit any offence similar to that of which he is accused or suspected; and (c) not to directly or indirectly make any inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court or police, or tamper with the evidence.

Issue for consideration

Whether the applicant Rohit, in custody for the offence under Section 304-B IPC in FIR/Case Crime No. 208 of 2022 (under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Mall, District Lucknow), is entitled to be released on bail.

Court's answer

Without expressing any opinion on merit, considering that the applicant is in custody since 29.05.2022 for the offence under Section 304-B IPC, that there is no likelihood of the trial being concluded in the near future, and that there is nothing on record to demonstrate that the applicant if enlarged on bail would in any way adversely affect the trial, the applicant is entitled to be released on bail; accordingly, the bail application is allowed.

Detailed headnote1 paragraphs

Bail allowed — offence under Sections 498-A and 304-B IPC and Sections 3/4 D.P. Act (FIR/Case Crime No. 208 of 2022, P.S. Mall, District Lucknow) arising from the death of the applicant's wife, the informant's sister — applicant in custody since 29.05.2022 — out of 32 witnesses only three examined, trial unlikely to conclude in the near future — nothing on record to show that release would adversely affect the trial — bail granted without expressing any opinion on merits, on personal bonds and two reliable sureties of Rs.20,000/- each, with conditions to attend hearings, refrain from similar offences, and not induce, threaten or dissuade witnesses or tamper with evidence.

Neutral Citation No. - 2024:AHC-LKO:47676

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58 of 2023

Applicant :- Rohit Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) U.P. Lko.

Counsel for Applicant :- Raj Priya Srivastava,Laxmi Saran Singh,Santosh Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Pankaj Bhatia,J.

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

2 . In terms of the FIR, it was alleged that the sister of the informant was married to the applicant and sufÏcient dowry was also given. Subsequently, entire matrimonial family had killed the sister of the informant and an information was given by the applicant on 18.05.2022.

3 . In the light of the said, the counsel for the applicant argues that although the cause of death is shown as ante mortem head injury, however, the inquest report formed a prima facie view that the deceased died on account of some ailment. He further argues that the applicant was a Panch witness and had given the information to the parental family. He further argues that the applicant is in custody since 25.09.2022 and out of total 32 witnesses, only three witnesses have been examined so far, as such, there is no likelihood of the trial being concluded in near future. He further draws of my attention to the statements of various persons, who has stated that the marriage was solemnized without dowry.

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

5. Considering the fact that the applicant is in

custody since 29.05.2022 for the offence under Section 304-B IPC coupled with the fact that there is no likelihood of the trial being concluded in near future 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 .

6. Let the applicant Rohit be released on bail in FIR/ Case Crime No. 208 of 2022, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Mall, District Lucknow, 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 ofÏcer or tamper with the evidence.

Order Date :- 12.7.2024 Arun

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