Allowed

Shivam Shukla v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko

Allahabad HC5 Jan 2024BAIL/53/2024

Case brief

AI extract

What is this about?

Bail application by the brother-in-law of a deceased woman in a dowry-related FIR under Sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act. Bail granted on parity with father-in-law and mother-in-law already released, applicant having no criminal history.

What did the court decide?

Applicant Shivam Shukla released on bail in FIR/Case Crime No. 313 of 2023 on furnishing personal bonds and two sureties of Rs.25,000/- each.

Shivam Shukla vs State of U.P. Thru. Prin. Secy. Home… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:1496

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53 of 2024

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Applicant :- Shivam Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko Counsel for Applicant :- Bhagwati Prasad Nigam,Anurag Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Supplementary affidavit filed today is taken on record.

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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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3 . The F.I.R. in question was lodged alleging that the daughter of the informant was married four years ago. The allegation in relation to dowry was made against the entire family members. It is argued that the father in law and mother in law of the deceased have already been enlarged on bail vide separate orders. The applicant herein is the brother in law of the deceased.

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4. Learned A.G.A. opposed the bail prayer.

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5. Considering the fact that allegations against the applicant are similar to the father in law and mother in law who have already been enlarged on bail and the applicant has no criminal history, he is also enlarged on bail on the ground of parity and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, 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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6. Let the applicant Shivam Shukla be released on bail in FIR/ Case Crime No. 313 of 2023, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Maigalganj, District Kheri, on his furnishing personal bonds and two reliable sureties of Rs.25,000/- 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 :- 5.1.2024 Arun

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

Shivam Shukla v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko

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Shivam Shukla v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko

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