Allowed

Santosh Kumar Yadav v. State of U.P., Thru. the Prin. Secy. Home Deptt. Lko.

Allahabad HC9 Jan 2024BAIL/211/2024

Case brief

AI extract

What is this about?

The Court allowed the bail application of the applicant (devar) in a case under Sections 498-A, 304-B, 201 IPC and Sections 3/4 of the Dowry Prohibition Act. The Court noted the absence of material linking the applicant to harassment before the deceased's death, aside from a co-accused's confession, and granted bail.

What did the court decide?

Bail granted on furnishing personal bonds and two reliable sureties of Rs.20,000/- each, subject to standard conditions.

Santosh Kumar Yadav vs State of U.P., Thru. the Prin… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:27419

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 211 of 2024

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Applicant :- Santosh Kumar Yadav Opposite Party :- State Of U.P., Thru. The Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Santosh Kumar Srivastava 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, Shri Vaibhav Srivastava, learned counsel for the complainant as well as learned A.G.A. and perused the record.

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In terms of the F.I.R., it was alleged that the daughter of the informant had gone for medical treatment on 28.6.2023 and since then she did not return back as such the F.I.R. was lodged for searching the daughter of the informant. Subsequently, despite the fact that the body of the deceased could not recovered or the daughter of the informant could not be recovered, on the basis of confessional statement of the husband of the deceased to the effect that he had committed the murder of his wife alongwith the applicant. The applicant who is the dewar of the deceased was linked with the offence in question and is being prosecuted for an offence under Section 498-A readwith Section 304-B and 201 I.P.C., Section 3/4 of the Dowry Prohibition Act.

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Submission of learned counsel for the applicant is that apart from confessional statement of the brother of the applicant and the husband of the deceased, there is no material whatsoever to link the applicant with the offence in question. The applicant is in custody since 21.7.2023 having no criminal history, hence he may be released on bail.

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

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Considering the material available on record including the F.I.R. prima facie, apart from the confessional statement of the co accused, there is no specific allegation to demonstrate that soon

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before the death, the deceased was subjected to any physical or mental harassment in relation to demand of dowry at the instance of the applicant(dewar of the deceased), the applicant is in custody since 21.7.2023 having no criminal history, 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 Santosh Kumar Yadav be released on bail in FIR/ Case Crime No.158 of 2023, under Sections 498-A, 304-B, 201 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Aliganj, District Ambedkar Nagar 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 :- 3.4.2024

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Shukla

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

Santosh Kumar Yadav v. State of U.P., Thru. the Prin. Secy. Home Deptt. Lko.

Case brief

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Santosh Kumar Yadav v. State of U.P., Thru. the Prin. Secy. Home Deptt. Lko.

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