Allowed

Devraj v. State of U.P. Thru. Prin. Secy. Home, Civiil Sectt. Lko.

Allahabad HC26 Sept 2024/983/2024

Case brief

AI extract

What is this about?

This Court allowed a bail application filed by Devraj in a dowry death case. Despite the severity of the offence, the Court granted bail citing the applicant's time served and evidence suggesting suicide by hanging. Conditions for appearing in court and avoiding adjournments were imposed.

What did the court decide?

The applicant, Devraj, was released on bail on furnishing a personal bond and two sureties, subject to conditions regarding court appearances and conduct.

Devraj Vs State of U.P. Thru. Prin. Secy. Home, Civiil… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:67006

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Court No. - 28

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 983 of 2024

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Applicant :- Devraj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civiil Sectt. Lko. Counsel for Applicant :- Haridwar Singh (H.D.Singh ),Sudhakar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh,J.

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1. Heard learned counsel for the applicant and Sri Rakesh Singh learned A.G.A. for the State.

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2. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.94 of 2023 under Sections 498-A, 304-B IPC and Section 3/4 of the Dowry Prohibition Act, Police Station Bazar Shukul, DistrictAmethi.

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3. It has been submitted by learned counsel for the applicant that general allegation of dowry demand has been levelled against the applicant and the family members of the applicant regarding 20 grams golden chain, one buffalo and Rs.50,000/- as additional dowry. He has submitted that the deceased committed suicide by hanging herself . The postmortem report indicates that the cause of death is Asphyxia due to antimortem hanging and injuries no. 2,3,4 and 5 are ligature marks which were caused due to hanging. He further explained injury no.1 is abraded contusion which could have been caused while deceased was hanging.Learned counsel for the applicant has also submitted that co-accused Shyam Kala, mother-in-law of the deceased has been granted bail by coordinate Bench this Court vide order dated 21.12.2023 passed in Criminal Misc.

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Bail Application No.15230 of 2023.Learned counsel for the applicant has also submitted that the applicant is in jail since 11.05.2023 and he has spend sufficient period in jail as such the applicant is entitled to be released on bail.

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4. Learned A.G.A. has opposed the prayer for bail and has submitted that it is a case of dowry death and the deceased died prior to two years of her marriage, as such the applicant is not entitled to be released on bail.

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5. Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and looking into overall facts and circumstances of the case as well as the argument that the deceased committed suicide by hanging herself and the argument that cause of death is Asphyxia due to antimortem hanging and no external injury was found except the ligature marks and one abraded contusion which could have been caused by hanging , therefore, I am of the opinion that the applicant is entitled to be released on bail.

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6. The bail application of the applicant is allowed .

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7. Let applicant, namely, Devraj , be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) The applicant shall file an undertaking to the effect 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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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case

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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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(iii) 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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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order.

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(Brij Raj Singh, J.)

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Order Date :- 26.9.2024 dk/

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

Devraj v. State of U.P. Thru. Prin. Secy. Home, Civiil Sectt. Lko.

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Devraj v. State of U.P. Thru. Prin. Secy. Home, Civiil Sectt. Lko.

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Devraj vs State of U.P. Thru. Prin. Secy. Home, Civiil Sectt. Lko.