Allowed

Manohar Lal @ Shyam Manohar v. State of U.P. through Secretary Home Department Civil Secretariat, Lucknow

Allahabad HC29 Jul 2024BAIL/8150/2024

Case brief

AI extract

What is this about?

Criminal miscellaneous bail application allowed. Hon'ble Pankaj Bhatia, J., held applicant entitled to bail in dowry death case due to post-mortem report, lack of specific harassment evidence or antecedents, and entry clearing security.

What did the court decide?

Applicant released on bail on personal bond and two reliable sureties of Rs.20,000/- each to satisfy security requirements.

Manohar Lal @ Shyam Manohar vs State of U.P. through… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:51199

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8150 of 2024

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Applicant :- Manohar Lal @ Shyam Manohar Opposite Party :- State Of U.P. Through Secretary Home Department Civil Secretariat, Lucknow Counsel for Applicant :- Dhirendra Pratap Singh,Ayush Pratap Singh,Rahul Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . The applicant seeks enlargement on bail in FIR No.217 of 2024, under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station Hargaon, District Sitapur.

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3 . In terms of the FIR it was alleged that the daughter of the informant was married to the son of the applicant and sufficient dowry was given. Subsequently, the daughter of the informant was hanged to death by the member of the matrimonial family. The cause of death as per the postmortem report, is ante mortem hanging and apart from the ligature mark, no other injury is visible on the body of the deceased.

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

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5. Considering the postmortem report on record and the fact that there is no specific statement against the applicant to suggest that soon before her death, the victim was subjected to any physical or mental harassment in relation to any demand of dowry coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 04.05.2024, 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 Manohar Lal @ Shyam Manohar be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- 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

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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 :- 29.7.2024 akverma

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

Manohar Lal @ Shyam Manohar v. State of U.P. through Secretary Home Department Civil Secretariat, Lucknow

Case brief

What is this about?

What did the court decide?

Manohar Lal @ Shyam Manohar v. State of U.P. through Secretary Home Department Civil Secretariat, Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

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