Allowed

Shivsewak v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko

Allahabad HC26 Sept 2024BAIL/10337/2024

Case brief

AI extract

What is this about?

Single Judge allowed bail to a father-in-law accused under dowry-related sections in a husband's death case. The court found no prima facie evidence of harassment against the applicant before the victim's death despite a suicide note suggesting the cause.

What did the court decide?

Release on bail in FIR/Case Crime No. 161 of 2024, under Sections 498-A IPC, 304-B IPC, 316 IPC and Dowry Prohibition Act, on furnishing personal bond and two sureties of Rs. 20,000/- each.

Shivsewak vs State of U.P. Thru. Prin. Secy. Home Deptt… — Domestic Violence | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:66919

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10337 of 2024

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Applicant :- Shivsewak Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko Counsel for Applicant :- Kaushal Kishore Tewari, Shakti 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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In terms of the FIR, it was alleged that the daughter of the informant was married to the son of the applicant around one year ago and sufficient dowry was also given. It was stated that the matrimonial family used to beat her and on 24.04.2024 she died. The FIR was lodged on 27.04.2024.

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The counsel for the applicant draws my attention to the post mortem report wherein the cause of death was ante mortem smothering. He also draws my attention to the consent letter, where the victim was treated in which, the informant had also signed and had given consent for treatment. it is also argued that the victim was treated with the consent of the father of the victim, wherein he had stated that his daughter had tried to commit suicide.

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

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Considering the material on record, prima facie, against the applicant who is the father in law, no allegation has been leveled of having harassed the victim either mentally or physically soon before her death in relation to the demand of dowry, the applicant who is in custody since 18.06.2024 is enlarged on bail. Accordingly, the bail application is allowed.

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Let the applicant Shivsewak be released on bail in FIR/ Case Crime No. 161 of 2024, under Sections 498-A, 304-B, 316 IPC and Section 3/4 Dowry Prohibition Act, Police Station Mitauli, District Lakhimpur Kheri, 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

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hearings;

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(b) The applicant shall not commit any offence similar to the offence of which she 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 26.9.2024 VNP/-

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Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Shivsewak v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko

Case brief

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Shivsewak v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko

Case brief

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