Allowed

Shyam Bihari @ Shyam Kishor v. State of U.P. Thru. Secy. Home Lko.

Allahabad HC10 Jan 2024BAIL/284/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application under Sections 498A, 304B IPC and Dowry Prohibition Act. The court noted the absence of allegations regarding pre-death dowry harassment in light of post-mortem findings and granted bail on bond and sureties.

What did the court decide?

Applicant released on bail in FIR No.119 of 2023 on personal bond with two sureties of Rs.25,000/- each.

Shyam Bihari @ Shyam Kishor vs State of U.P. Thru. Secy… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:2640

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 284 of 2024

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Applicant :- Shyam Bihari @ Shyam Kishor Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Narendra Gupta 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.119 of 2023, under Section 498A, 304B IPC and Section 3/4 of Dowry Prohibition Act, P.S. Khairabad, District Sitapur.

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3. In terms of the FIR, it was alleged that the daughter of the informant was married to the applicant a year ago. Subsequently, he was found hanging on 20.03.2023. In the post-mortem report, the cause of death is shown as ante mortem hanging. It is argued by counsel for the applicant that no marks were visible on the body apart from the ligature mark. The mother-in-law and fatherin-law have already been enlarged on bail.

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4. Learned AGA has opposed the bail application.

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5. Considering submissions and the post-mortem report, primarily there is no allegation that soon before the death, the victim was being harassed physically or mentally in relation to demand of dowry, thus, the applicant who has no criminal antecedent, is entitled to be enlarged on bail. In view thereof, the application is allowed.

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6. Let the applicant Shyam Bihari @ Shyam Kishor be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.25,000/- 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; (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 :- 10.1.2024 nishant

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

Shyam Bihari @ Shyam Kishor v. State of U.P. Thru. Secy. Home Lko.

Case brief

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Shyam Bihari @ Shyam Kishor v. State of U.P. Thru. Secy. Home Lko.

Case brief

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What did the court decide?

What the court decided

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