This judgment deals with a bail application under Sections 498A, 304B IPC and Dowry Prohibition Act. The court allowed bail, noting the brother-in-law status and lack of specific allegations against the applicant regarding the ante-mortem hanging.
Released on bail with a personal bond and two sureties of Rs.20,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:27989
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3823 of 2024
Applicant :- Sunil Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Applicant :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The applicant seeks enlargement on bail in FIR No.357 of 2023, under Section 498A, 304B IPC & Section 3/4 of Dowry Prohibition Act, P.S. Sareni, District Rae Bareli.
3. In terms of the FIR it was alleged that the daughter of the informant was married to the brother of the applicant on 29.04.2017 and the entire matrimonial family used to harass her for dowry. Subsequently, after compromise, the victim was sent back again on 12.10.2022 and thereafter on 13.11.2023, information was received that the entire matrimonial family had hanged her to death. The postmortem report on record indicates the cause of death as ante mortem hanging.
4. Learned AGA has opposed the bail application.
5. Considering the fact that the postmortem report does not indicate any injury other than the ligature mark and also the fact that the applicant is brother-in-law of the deceased and no specific allegation has been levelled against the applicant of causing any physical or mental harassment to the deceased soon before her death in relation to demand of dowry, as such, the applicant who has no criminal history and is in custody since 15.11.2023 is entitled to be enlarged on bail. In view thereof, the application is allowed.
6. Let the applicant Sunil Kumar be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions:
(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
(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.
Order Date :- 5.4.2024 nishant
Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to bail given the nature of allegations and lack of specific charge regarding causing death.
Whether the absence of criminal history and specific incriminating facts warrants enlargement on bail.
3 provisions across 2 enactments
Sunil Kumar
State Of U.P.
Pankaj Bhatia
Nishant Mohan
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
