Allowed

Deepak Kumar v. State of Uttarakhand

Uttarakhand HC5 Apr 2023BA2/9/2023

Case brief

AI extract

What is this about?

The bail application of Deepak Kumar, accused in FIR No.193 of 2022 for dowry harassment, cheating, and suicide-related charge, was allowed. Considering an affidavit where the deceased admitted dowry was never demanded, the court ordered his release on a personal bond with two sureties.

What did the court decide?

Applicant released on bail on executing a personal bond and furnishing two reliable sureties.

Deepak Kumar Vs State of Uttarakhand — Dowry and Cruelty | Uttarakhand HC (2023)

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HIGH COURT OF UTTARAKHAND AT NAINITAL

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Second Bail Application No.9 of 2023

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Deepak Kumar ...Applicant Versus State of Uttarakhand ...Respondent

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Present:Mr. Vikas Anand, Advocate for the applicant . Mr. Lalit Miglani, A.G.A. for the State.

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Hon’ble Ravindra Maithani, J. (Oral)

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Applicant Deepak Kumar is in judicial custody in FIR No.193 of 2022, under Sections 306, 498-A and 304B IPC, Police Station Sitarganj, District Udham Singh Nagar. He has sought his release on bail.

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Heard learned counsel for the parties and perused the record.

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According to the FIR, the applicant was married to the deceased Damini. After marriage, the deceased was harassed and tortured for and in connection with demand of dowry. According to the FIR, on 14.06.2020, the applicant tried to kill the deceased. An information was given to the Police Station, but subsequently, the deceased committed suicide.

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Learned counsel for the applicant would submit that, in fact, the deceased was in extra marital relationship with some Chitwan Johri. When their chat became viral, she committed suicide. It is submitted that earlier also a compromise was entered into between the parties, which categorically records that there was no demand of dowry.

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Reference has been made to annexure 20, in which, categorically in para 1, it is recorded that dowry was never demanded from the deceased. Paras 5 and 6 of Annexure 20 also speak of some extra marital relationship.

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It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial or in any other proceedings.

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In the first bail application, counter affidavit had already been filed. Learned State counsel was required to get instructions particularly with regard to annexure 20.

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Today, learned State counsel would give statement that Annexure 20 is genuine.

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Annexure 20 is a compromise between the deceased and the applicant. It is dated 09.05.2019. On that date, the deceased had admitted that dowry was never

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demanded either before or after marriage. In paras 5 and 6 of this affidavit, mention is made with regard to the extra marital relations of the deceased.

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Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.

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The bail application is allowed.

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Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.

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(Ravindra Maithani, J.) 05.04.2023

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Jitendra

Deepak Kumar v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Deepak Kumar v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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