Allowed

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

Allahabad HC25 Jun 2024BAIL/6619/2024

Case brief

AI extract

What is this about?

Bail granted in a case involving alleged dowry death. The applicant sought bail under sections 498-A IPC and 304-B IPC. The court allowed bail finding no specific material of harassment before death based on post-mortem reports, noting the applicant had no criminal history.

What did the court decide?

Released on bail subject to personal bond and two sureties of Rs.20,000 each with conditions to appear in court, not commit similar offences, and not tamper with evidence.

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

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Neutral Citation No. - 2024:AHC-LKO:52298

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6619 of 2024

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Applicant :- Kamlesh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko Counsel for Applicant :- Bhimbahadur Singh,Jay Prakash Singh 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 and learned A.G.A. for the State.

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The applicant seeks bail in F.I.R/Case Crime No.238 of 2023, under sections 498-A, 304-B I.P.C. and section 3/4 of Dowry Prohibition Act, Police Station-Baskhari, District-Ambedkar Nagar.

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In terms of the F.I.R., it was alleged that the daughter of the informant was married to the applicant on 05.05.2019 and sufficient dowry was also given, however, the matrimonial family used to ask her more dowry and subsequently she has hanged to death on 17.07.2023. The counsel for the applicant draws my attention towards the post-mortem report which indicates the cause of death is ante-mortem hanging and apart from ligature mark, no other injury was observed.

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Learned A.G.A. has strongly opposed the bail application.

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Considering the post-mortem report and finding that there is no specific material against the applicant to harass the victim physically or mentally soon before the death in relation to demand of dowry, the applicant, who is in custody since 19.07.2023 and has no criminal history, is entitled to be enlarged on bail. The application is, thus, allowed.

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Let the applicant-Kamlesh 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/- (Rs. 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 :- 30.7.2024 akhilesh/-

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

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

Case brief

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

Case brief

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