Allowed

Rahul Gupta v. State of U.P. Thru. Secy. Home Lko

Allahabad HC5 Apr 2024BAIL/341/2024

Case brief

AI extract

What is this about?

In a bail application under Sections 498A and 304B IPC, the court allowed bail to the applicant after considering the post mortem report, lack of specific evidence linking the accused to the harassment causing suicide, and his lack of criminal history.

What did the court decide?

The applicant was released on bail on furnishing personal bonds and two sureties of Rs.20,000/- each.

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

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Neutral Citation No. - 2024:AHC-LKO:28079

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 341 of 2024

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Applicant :- Rahul Gupta Opposite Party :- State Of U.P. Thru. Secy. Home Lko Counsel for Applicant :- Suresh Chandra Srivastava,Vaibhav Srivastava

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

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The applicant seeks enlargement on bail in Case Crime No.121 of 2023 under Sections 498 A, 304B IPC, & 3/4 D.P. Act Police Station-Lambhuwa District-Sultanpur.

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In terms of the FIR, it was alleged that the sister of the informant was married to the applicant on 28.01.2022 and sufficient dowry was also given, however, the entire matrimonial family used to demand dowry and on 17.03.2023, an information was received that the sister of the informant had tried to commit suicide, subsequently, she was admitted to the hospital where she died on 08.04.2023. The post mortem report on record indicate the cause of death as ante-mortem hanging and septicemia.

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It is argued by learned counsel for the applicant that the applicant had in fact admitted the victim in the hospital. It is further argued that apart from the ligature mark, no other injury was observed on the body of the victim.

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

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6 . Considering the post mortem report and the fact that there is no specific statement against the applicant that he had harassed victim physically and mentally soon before her death in relation to demand of dowry, the applicant is in custody since 26.04.2023 and has no criminal history, 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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Let the applicant -Rahul Gupta be released on bail in the aforesaid case crime number on his furnishing personal bonds

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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 :- 5.4.2024

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Harshita

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

Rahul Gupta v. State of U.P. Thru. Secy. Home Lko

Case brief

What is this about?

What did the court decide?

Rahul Gupta v. State of U.P. Thru. Secy. Home Lko

Case brief

What is this about?

What did the court decide?

What the court decided

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