Allowed

Piyush Kumar v. State of U.P. Thru. Secy. Home Deptt. Civil Sectt. Lko

Allahabad HC12 Feb 2024BAIL/1560/2024

Case brief

AI extract

What is this about?

Bail application in a dowry death FIR alleging ante mortem hanging of applicant's wife. Court noted no evidence of harassment for dowry soon before death by the applicant and his clean criminal history, and allowed bail with conditions.

What did the court decide?

Applicant released on bail on furnishing personal bond with two sureties of Rs.20,000/- each, subject to standard conditions.

Piyush Kumar vs State of U.P. Thru. Secy. Home Deptt… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:12423

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1560 of 2024

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Applicant :- Piyush Kumar Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Civil Sectt. Lko Counsel for Applicant :- Kaushal Kishore Tewari Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant, learned AGA and perused the record.

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2. The applicant seeks enlargement on bail in FIR No.192 of 2023, under Section 498A, 304B, 504 IPC & Section 3/4 of Dowry Prohibition Act, P.S. Sadarpur, District Sitapur.

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3. In terms of the FIR it was alleged that the sister of the informant was married to the applicant around three years ago and sufficient dowry was also given and on 18.06.2023 when the informant went to get her home, abuses were hurled on him and subsequently, he was informed that the sister of the informant has died. The post-mortem report on record indicates the cause of death as ante mortem hanging and apart from the ligature mark, one lacerated wound was present on the occipital region of the skull behind right ear. It is further argued that the mother-in-law and father-in-law have been enlarged on bail vide separate orders Annexure - 4 & 5.

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4. Learned AGA has opposed the bail application.

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5. Considering the post-mortem report on record which indicates the cause of death as ante mortem hanging, the fact that there is nothing specific against the applicant to suggest that soon before the death the victim was harassed mentally or physically in relation to demand of dowry at the instance of the applicant coupled with the fact that the applicant has no criminal history and is in custody since 22.06.2023, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

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6. Let the applicant Piyush Kumar be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of 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 :- 12.2.2024 nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

Piyush Kumar v. State of U.P. Thru. Secy. Home Deptt. Civil Sectt. Lko

Case brief

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Piyush Kumar v. State of U.P. Thru. Secy. Home Deptt. Civil Sectt. Lko

Case brief

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