Allowed

Atul Yadav @ Pradeep v. State of U.P. Thru. Prin. Secy. Home , Lko.

Allahabad HC23 Sept 2024BAIL/10111/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a second bail application filed by Atul Yadav accused under Sections 498-A, 304-B IPC and the Dowry Prohibition Act. The court held that since fact witnesses were examined and no adverse effect on the trial was demonstrated, bail was granted via personal bond and sureties.

What did the court decide?

Released on bail on furnishing personal bond and two sureties of Rs. 20,000 each under Sections 498-A, 304-B IPC and the Dowry Prohibition Act.

Atul Yadav @ Pradeep vs State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:65956

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10111 of 2024

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Applicant :- Atul Yadav @ Pradeep Opposite Party :- State Of U.P. Thru. Prin. Secy. Home , Lko.

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Counsel for Applicant :- Brijesh Kumar Yadav,Rakesh Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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

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2 . This is the second bail application. The first bail application filed on behalf of the applicant was rejected by this Court vide order dated 25.05.2024 when directions were also issued for examining the fact witnesses within a period of three months.

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3 . While arguing the second bail application, the counsel for the applicant argues that the fact witnesses have been recorded. He draws my attention to the statement of the mother of the deceased, who has stated that the information with regard to death was given by the applicant, no specific allegation has been leveled that the applicant had caused the physical or mental injuries to the deceased soon before her death in relation to demand of dowry.

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

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5. Considering the fact that the fact witnesses have already been examined and only formal witnesses are to be examined 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

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entitled to be released on bail. Accordingly, the bail application is allowed .

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6. Let the applicant Atul Yadav @ Pradeep be released on bail in FIR/ Case Crime No. 169 of 2023, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Maheshganj, District Pratapgarh, 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:

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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 :- 23.9.2024 Arun

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

Atul Yadav @ Pradeep v. State of U.P. Thru. Prin. Secy. Home , Lko.

Case brief

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Atul Yadav @ Pradeep v. State of U.P. Thru. Prin. Secy. Home , Lko.

Case brief

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