Allowed

Ravi Shankar v. State of U.P. Thru. Prin.Secy. Home Lko

Allahabad HC9 Jan 2024BAIL/198/2024

Case brief

AI extract

What is this about?

Bail application under Sections 498-A and 304-B IPC and Section 3/4 Dowry Prohibition Act arising from a woman's alleged hanging after marriage. The court relied on the post mortem showing ante mortem hanging without other injuries, absence of evidence of dowry-related harassment soon before death, custody since 2.7.2023, and clean criminal history, and allowed bail on bonds with two sureties.

What did the court decide?

Applicant released on bail in Case Crime No.230 of 2023 (PS Gauriganj, District Amethi) on personal bond and two sureties of Rs.20,000/- each with standard conditions.

Ravi Shankar vs State of U.P. Thru. Prin.Secy. Home Lko — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:27741

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 198 of 2024

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Applicant :- Ravi Shankar Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Lko Counsel for Applicant :- Ramakar Shukla,Kapil Dev Chaubey Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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

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Counter affidavit filed on behalf of the respondent State is taken on record.

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In terms of the F.I.R., it was alleged that the sister of the informant was married to the applicant on 24.5.2021 and sufficient dowry was also given. Subsequently, on 255.6.2023, the entire matrimonial family had hanged her to death. .

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Learned counsel for the applicant argued that the post mortem report on record indicates cause of death as ante mortem hanging and apart from the ligature mark, no other injury was visible on the body of the deceased. The applicant is in jail since 2.7.2023 and the applicant has no criminal history, hence the applicant may be released on bail.

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

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Considering the post mortem report coupled with the fact that there is nothing on record to demonstrate that soon before the death, the applicant has subjected the deceased to any physical or mental harassment in relation to the demand of dowry particularly the fact that the applicant is in custody since 2.7.2023 and has no criminal history and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, the bail application is allowed.

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Let the applicant Ram Shankar be released on bail in FIR/ Case Crime No.230 of 2023, under Sections 498-A, 304-B I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Gauriganj, District Amethi 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 :- 4.4.2024

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Shukla

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

Ravi Shankar v. State of U.P. Thru. Prin.Secy. Home Lko

Case brief

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Ravi Shankar v. State of U.P. Thru. Prin.Secy. Home Lko

Case brief

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What did the court decide?

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