In this bail application, the court examined the applicant's contention regarding false implication in a dowry death case. Considering the total facts and circumstances without commenting on merits, the court granted bail subject to standard undertakings.
The applicant Mangeram was released on bail by furnishing a personal bond and two sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10217 of 2019
Applicant :- Mangeram Opposite Party :- State Of U.P. Counsel for Applicant :- Birendra Singh Khokher Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant has been falsely implicated for committing dowry death with general allegations being father-in-law of the deceased; that no specific role has been assigned to the applicant regarding demand of dowry or treating the deceased with cruelty for non-fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that as per averments made in FIR lodged by Vivek Kumar on 30.9.2018, his sister Asha was married to Vipin on 12.3.2018 and since after two months of marriage she was being treated with cruelty for nonfulfilment of demand of Rs.5,00,000/- and on 30.9.2018 accused persons hanged her to death; that postmortem report of deceased states that there was no ante mortem injury on her person except ligature mark and cause of death was asphyxia as a result of ante mortem hanging; that applicant is an old person aged about 59 years and was living separately at Delhi with his another son Sandip Kumar while deceased was living with her husband at Ghaziabad; that husband may be responsible for unnatural death of deceased following differences between husband and wife; that case of the applicant is distinguishable with husband of the deceased; that the applicant has no criminal history; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 2.10.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the
case, I find it a fit case for bail.
Let the applicant Mangeram be released on bail in Case Crime No. 1323 of 2018, under Sections 498A, 304B, 323, I.P.C. and 3/4 Dowry Prohibition Act, P.S. Loni Border, District Ghaziabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 12.3.2019 T. Sinha
1 issue framed by the court
Whether the applicant is a fit case for bail pending trial in a dowry death charge.
3 provisions across 2 enactments
Mangeram
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
