Allowed

Rajinder (Rajinder Lodh in Charge Sheet) v. State of U.P. Thru.Prin.Secy. Home

Allahabad HC19 Apr 2024BAIL/3904/2024

Case brief

AI extract

What is this about?

The Allahabad High Court, Lucknow Bench allowed a bail application filed by the husband of the deceased in a crime under Sections 498-A, 304-B IPC and Dowry Prohibition Act. The Court noted the charge-sheet was filed, co-accused were on bail, and the applicant had no criminal history.

What did the court decide?

Release on bail via personal bond and two sureties with conditions regarding tampering, intimidation, adjournments, and presence in court.

Rajinder (Rajinder Lodh in Charge Sheet) vs State of… — Domestic Violence | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:30939

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3904 of 2024

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Applicant :- Rajinder (Rajinder Lodh In Charge Sheet) Opposite Party :- State Of U.P. Thru.Prin.Secy. Home Counsel for Applicant :- Shyamendra Singh,Munendra Singh,Tej Singh

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Counsel for Opposite Party :- G.A.,Dharmendra Pratap Singh

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the complainant and perused the record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.469 of 2023, under Sections 498-A, 304-B I.P.C. & Sections 3/4 D.P. Act, P.S. Sandhna, District Sitapur.

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Learned counsel for applicant submits that applicant is the husband of the deceased and wife committed suicide by hanging herself after three years and four months of marriage. Cause of death is asphyxia as a result of ante mortem hanging. No other injury has been found on the body of the deceased. Although applicant is husband but no specific allegation has been levelled against him either F.I.R. or under Section 161 Cr.P.C. Co-accused Ram Kumari and Kadile have been enlarged on bail vide orders dated 21.12.2023 & 18.01.2024 passed in Criminal Misc. Bail Application Nos.15135 of 2023 and 15306 of 2023. Applicant has no criminal history. Applicant is languishing in jail since 08.08.2023. Charge-sheet has been filed.

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Learned A.G.A. as well as learned counsel for the complainant

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have opposed the bail prayer.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 08.08.2023 having no criminal history, charge-sheet has been filed, post mortem report, contents of the F.I.R. as well as the statement of the complainant and the fact that co-accused persons have been enlarged on bail but without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Rajinder (Rajinder Lodh In Charge Sheet) be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on

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each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 19.4.2024 Saurabh Yadav/-

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

Rajinder (Rajinder Lodh in Charge Sheet) v. State of U.P. Thru.Prin.Secy. Home

Case brief

What is this about?

What did the court decide?

Rajinder (Rajinder Lodh in Charge Sheet) v. State of U.P. Thru.Prin.Secy. Home

Case brief

What is this about?

What did the court decide?

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