Allowed

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

Allahabad HC5 Feb 2024/935/2024

Case brief

AI extract

What is this about?

Single judge of Allahabad High Court allowed bail in a criminal case involving allegations of cruelty and dowry demand resulting in death. The court granted release on bond and sureties despite the gravity of the offense based on lack of prior criminal history and no surrender risk.

What did the court decide?

Released on bail by furnishing personal bond and two sureties, subject to conditions regarding attendance, non-tampering of witnesses, and undertaking not to seek adjournments.

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

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Neutral Citation No. - 2024:AHC-LKO:10337

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 935 of 2024

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Applicant :- Ankul Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Rakesh Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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It is alleged in the prosecution case that the daughter of the informant Savita was married with the applicant. The gifts were given in the marriage by the informant. After few days of marriage, due to additional dowry demand of motorcycle and golden chain, she was subjected to cruelty, harassment and beating by the applicant. The victim has two and a half years old daughter.

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Learned counsel for the applicant submits that the cause of death is antemortem hanging. No other injury has been found on the body of the deceased. General allegation of demand of dowry has been leveled by the prosecution witness. P.W.1 has not supported the prosecution case and P.W.2 has turned hostile right from the stage of examination-in-chief. The applicant has no criminal history. The applicant is in jail since 19.12.2022.

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It is lastly submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is

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enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the postmortem report; statement of P.W.1 and P.W. 2 before the trial court as also the facts that the applicant has no previous criminal history; the period for which the applicant is in jail and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, bail application is allowed. Let the applicant, Ankul involved in Case Crime No.609 of 2022, under Section 498A, 304B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Mishrit, District Sitapur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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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(iv) The applicant shall file an undertaking to the effect

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that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 5.2.2024 Madhu

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

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

Case brief

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