Allowed

Raj Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Allahabad HC1 Mar 2024BAIL/2328/2024

Case brief

AI extract

What is this about?

The High Court allowed bail to Raj Kumar in an FIR alleging dowry and ill-treatment causing death. The court relied on the postmortem report noting no direct injury to the accused, absence of specific allegations against the applicant, and lack of criminal antecedents to grant release with bonds and sureties.

What did the court decide?

Release on bail with personal bonds and two sureties of Rs. 20,000/- each.

Raj Kumar vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:29009

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2328 of 2024

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Applicant :- Raj Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Counsel for Applicant :- Desh Deepak Singh,Sandeep Kumar Pal

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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 as well as learned A.G.A. and perused the record.

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2 . The applicant seeks enlargement on bail in FIR No.191 of 2023, under Sections 498A, 323, 504, 304B IPC and Section 3/4 of D.P. Act, Police Station Nagram, District Lucknow.

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3 . In terms of the FIR, it was alleged that daughter of the informant was married to the applicant around 3 years ago and subsequently, on 29.07.2023, the daughter of the informant died on account of ill treatment by the entire matrimonial family.

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4 . In the light of the aforesaid, the Counsel for the applicant draws my attention to the postmortem report, which indicates the cause of death as ante mortem handing and apart from the ligature mark, a contusion injury was observed on the left side of abdomen of the deceased.

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

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6. Considering the postmortem report which does not indicate any injury coupled with the fact that there is no allegation against the applicant coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 02.08.2023, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

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7. Let the applicant Raj Kumar be released on bail in the abovesaid first information report number 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 :- 9.4.2024 akverma

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

Raj Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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Raj Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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