In a bail application under Sections 498-A and 304-B IPC, the High Court treated the case as fit for bail, noting the applicant's denial of involvement and assertion that deceased died due to an electric shock. Bail granted on bond. Order.
Applicant released on bail in Case Crime No.1571 of 2018 on furnishing personal bond and two sureties.
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. - 12569 of 2019
Applicant :- Manish Sengar Opposite Party :- State Of U.P. Counsel for Applicant :- Dharmendra Singhal,Shivendra Raj Singhal Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Dharmendra Singhal, learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for committing dowry death of his wife; that as per averments made in F.I.R. lodged on 13.10.2018 by Dilip Kumar, his daughter Sonam was married to applicant on 28.1.2016 and since after marriage, she was being treated with cruelty for non fulfilment of demand of Rs5,00,000/- and in the night of 25/26.8.2018, her dowry death has been committed, which information was received by him at about 5:30 a.m. and on reaching her sasural , he found marks of injuries and burns on her body; that no specific role has been assigned to applicant regarding demand of dowry or treating 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 real fact is that deceased was preparing for going to her maika on the occasion of festival of Rakshabandhan and after getting up early in the morning, she was ironing her clothes with electric iron, but unfortunately since the cord of electric iron was damaged at some point though was covered with tape, she caught with electric shock and due to severe electric shock and electric burns, she died; that post mortem report states that her death did take place as her ventricular fibrillation & respiratory failure as a result of anti mortem electrocution about half day before autopsy and the anti mortem injuries mentioned in the report are entry electric wound 4 cm. x 2 ½ cm. lateral aspect of forearm, 9 cm. above from wrist joint and exit electric wound on left foot in space between left toe and finger along with superficial burns on left elbow joint; that applicant did not cause dowry death of his wife; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 28.8.2018.
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 Manish Sengar be released on bail in Case Crime No.1571 of 2018, S.T. No.829 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Highway, District Mathura 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 :- 29.3.2019 Tamang
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving charge of dowry death where he denies culpability.
Whether the facts indicate case is fit for bail at this stage.
4 provisions across 3 enactments
Manish Sengar
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
