Allowed

Sumit Kashyap v. State of U.P. Thru Addl. Chief Secy. Home Deptt. Lko

Allahabad HC2 Apr 2024BAIL/3691/2024

Case brief

AI extract

What is this about?

Allowed bail in a criminal complaint alleging dowry harassment and death under IPC Sections 498A, 304B. The court held that the post mortem report showed no injuries other than hanging and no specific statement accused the husband of causing harassment prior to death.

What did the court decide?

Released on bail subject to furnishing a personal bond and two sureties of Rs.20,000/- each with conditions to attend hearings and not tamper with evidence.

Sumit Kashyap vs State of U.P. Thru Addl. Chief Secy… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:28349

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3691 of 2024

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Applicant :- Sumit Kashyap Opposite Party :- State Of U.P. Thru Addl. Chief Secy. Home Deptt. Lko Counsel for Applicant :- Pramod Kumar Shukla,Aftab Alam Malik,Ashish Kumar Mishra 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, learned AGA and perused the record.

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The accused-applicant seeks bail in Case Crime No.0172 of 2023 under Sections 498A, 304B IPC, 3/4 Dowry Prohibition Act, Police Station Rahimabad, Lucknow.

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In terms of the FIR, it was alleged that the daughter of the complainant was married to the applicant around 7 months ago and sufficient dowry was also given. However, the entire matrimonial family used to harass her and subsequently on 30.09.2023, an information was received that the daughter of the informant had died by hanging.

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Post mortem report on record indicates that cause of death is antemortem hanging and apart from ligature mark, no other injury was visible on the body of the deceased. The applicant is husband.

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Considering the post mortem report coupled with the fact that there is no specific statement against the applicant to the effect that he had caused physical or mental harassment to the deceased soon before her death in relation to demand of dowry, the applicant who has been in custody since 04.10.2023, is entitled to be enlarged on bail.

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Thus the bail application is allowed.

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Let the applicant Sumit Kashyap be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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

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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 :- 8.4.2024 prateek

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

Sumit Kashyap v. State of U.P. Thru Addl. Chief Secy. Home Deptt. Lko

Case brief

What is this about?

What did the court decide?

Sumit Kashyap v. State of U.P. Thru Addl. Chief Secy. Home Deptt. Lko

Case brief

What is this about?

What did the court decide?

What the court decided

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