Allowed

Mukesh Kumar v. State of U.P. Thru. Its Prin. Secy. Home , Lucknow

Allahabad HC10 Sept 2024BAIL/9659/2024

Case brief

AI extract

What is this about?

In this criminal miscellaneous bail application, the Hon'ble Allahabad High Court allowed the release of the applicant, Mukesh Kumar, accused of causing death of his wife via hanging. Considering the post mortem report did not indicate pre-death harassment linked to dowry demands, coupled with his lack of criminal history, the court granted bail with sureties.

What did the court decide?

Released on bail by furnishing personal bonds and two reliable sureties of Rs.20,000/- each.

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

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Neutral Citation No. - 2024:AHC-LKO:62368

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9659 of 2024

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Applicant :- Mukesh Kumar Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home , Lucknow Counsel for Applicant :- Suresh Kumar Yadav 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 as well as learned A.G.A. and perused the record.

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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 around four years' ago and subsequently the entire matrimonial family used to harass her and on 30.4.2024, she was hanged to death.

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Learned counsel for the applicant has drawn my attention to the post mortem report which reveals the cause of death as Asphyxia due to ante mortem hanging and apart from ligature mark, no other injury was found on the body of the deceased. The applicant is the husband of the deceased. Hence, the applicant who is in jail since 8.5.2024 having no criminal history, may be released on bail.

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Learned A.G.A. opposed the prayer for bail by arguing that the death occurred within five years of marriage and considering the nature of the offence, the bail application deserves to be rejected.

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Considering the post mortem report not corroborating the fact that soon before the death, the deceased was subjected to any physical or mental harassment in relation to demand of dowry at the instance of the applicant coupled with the fact that the applicant being the husband languishing in jail since 8.5.2024 having no criminal history and only one witness has been examined, and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, the bail application is allowed.

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Let the applicant Mukesh Kumar be released on bail in FIR/ Case Crime No.349 of 2024, under Sections 498-A, 304-B I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Fatehpur, District Barabanki 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 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 :- 10.9.2024

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Shukla

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

Mukesh Kumar v. State of U.P. Thru. Its Prin. Secy. Home , Lucknow

Case brief

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Mukesh Kumar v. State of U.P. Thru. Its Prin. Secy. Home , Lucknow

Case brief

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What did the court decide?

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