Anticipatory bail application in a dowry-demand case where the victim's father committed suicide after demands for money and gold. Court found prima facie complicity evident and the offence grievous, refused bail and dismissed the application.
None granted; liberty to file regular bail application per Satender Kumar Antil.
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Neutral Citation No. - 2024:AHC-LKO:59527
Court No. - 14
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1974 of 2024
Applicant :- Ram Rahish Opposite Party :- State Of U.P. Secy. Home Lko. And Anothers Counsel for Applicant :- Sudhir Kumar Rai,Dhirendra Vikram Singh
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for respondent State.
Notice to respondent no.2 is dispensed with in view of the proposed order.
The present application has been filed by the applicant seeking anticipatory bail in Case Crime No.0019 of 2024 under Section 376,306,504 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Unnao.
Perusal of the record shows that the victim was engaged with accused Ram Lakhan, marriage was fixed, godh bharai , bariksha took place and date of marriage was also fixed, however, before the marriage it is alleged that the applicant along with the co-accused demanded Rs.3.5 lakh and a golden chain and said that if they do not give this dowry they will not marry. Due to this the father of the victim committed suicide on 11.2.2024. The victim in her statement under Section 161 Cr.P.C. has supported the prosecution case. Prima facie , complicity of the applicant is evident. Offence is grievous in nature. It cannot be said that it is a case of false implication.
In view of the above, no case for anticipatory bail is made out,
hence, dismissed. However, liberty is granted to the applicant to file regular bail application in view of the law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021 .
Order Date :- 30.8.2024
Madhu
Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant accused of dowry demand linked to the victim's father's suicide.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherRelied on¶12
Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021
3 provisions across 3 enactments
Ram Rahish
State Of U.P. Secy. Home Lko.
Respondent No.2
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
