The single judge granted bail to the applicant accused of dowry death and causing hurt. The court found it a fit case for bail at the stage without commenting on the merits and imposed conditions regarding cooperation in trial and compliance with laws.
Application allowed; applicant released on bail on personal bond and sureties subject to court conditions.
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. - 11071 of 2019
Applicant :- Ashok Opposite Party :- State Of U.P. Counsel for Applicant :- Jai Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Supplementary affidavit filed by learned counsel for applicant, is taken on record.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated; that as per averments made in F.I.R. lodged by Harpal, the father of deceased on 25.6.2018, his daughter Manju @ Neelu was married to Tejpal, the brother of applicant and on 24.6.2018 at about 11:00 p.m., there was family dispute over taking of water from hand pump inside the house during which co-accused Vipin allegedly taken out the handle of hand pump and gave a blow on the head of Manju @ Neelu and he along with applicant also committed marpeet with Tejpal, the son-in-law of first informant, who were taken to hospital for treatment during which Manju @ Neelu died in the morning of 25.6.2018; that post mortem report of deceased states that death of deceased did take place due to anti mortem head injury; that role of causing head injury has been assigned to co-accused Vipin and applicant is not alleged to be author of head injury of deceased; that during investigation upon change of Investigating Officer on 27.8.2018 the entire prosecution case was changed and was converted to the offence under sections 304-B and 323 IPC instead of 304 and 323 IPC on the basis of improvements made in statements of first informant and witnesses making allegations of demand of dowry and cruelty for non fulfilment of demand; that there is no whisper of demand of dowry in F.I.R.; that applicant being Jeth neither made any demand of dowry from deceased nor treated her with cruelty for non fulfilment of demand of dowry; that dispute was only a family dispute over taking of water from hand pump inside the house; that recovery of handle of hand pump has been made from co-accused Vipin; that case of applicant is distinguishable from Vipin; that applicant has not committed dowry death of deceased; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 6.7.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering 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 applicant Ashok be released on bail in Case Crime No.618 of 2018, under Sections 304-B, 323 I.P.C., P.S. Majhola, District Moradabad on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with 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 :- 26.3.2019 Tamang
2 issues framed by the court
Whether the applicant is fit for bail in a charge of dowry death causing death by negligence.
Whether the change in prosecution case from lesser to larger offences warrants bail.
4 provisions across 2 enactments
Ashok
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
