Allowed

Ritesh Gupta v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Allahabad HC23 Aug 2024/9027/2024

Case brief

AI extract

What is this about?

The court allowed a bail application under IPC 304B and the Dowry Prohibition Act. Relying on the post-mortem report and the absence of allegations regarding immediate harassment, the court granted bail on personal and surety bonds.

What did the court decide?

The applicant was released on bail by furnishing a personal bond with two sureties of Rs.20,000/- each, subject to standard conditions regarding attendance, offence commission, and witness interferenc

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

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Neutral Citation No. - 2024:AHC-LKO:57594

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Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9027 of 2024 Applicant :- Ritesh Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Ram Naresh Singh Chauhan 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, learned AGA and perused the record.

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2. The applicant seeks enlargement on bail in FIR No.116 of 2024, under Section 498A, 304B IPC & Section 3/4 of Dowry Prohibition Act, P.S. Sohramau, District Unnao.

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3. In terms of the FIR it was alleged that daughter of the informant was married to the applicant and sufficient dowry was given. Subsequently, the entire family member killed her. The cause of death as per the postmortem report, is ante mortem hanging and apart from the ligature mark, one contusion injury was observed which, according to the applicant, could have happened when the body was lowered.

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4. Learned AGA has opposed the bail application.

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5. Considering the post-mortem report and the fact that there is no allegation that soon before the death, the victim was subjected to any mental or physical harassment in relation to demand of dowry at the instance of the applicant coupled with the fact that the applicant has no criminal history and is in custody since 23.07.2024, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed .

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6. Let the applicant Ritesh Gupta 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 :- 23.8.2024 nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

Ritesh Gupta v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Case brief

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Ritesh Gupta v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Case brief

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