Hon'ble Aniruddha Singh, J. allowed bail for Munshi Lal, father-in-law of deceased, in a charge sheet cases involving sections 498-A, 304-B IPC and Dowry Prohibition Act. The court noted lack of independent evidence and applicant's separate residence.
Applicant released on bail by furnishing personal bond and two sureties under specified conditions.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12851 of 2019
Applicant :- Munshi Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Arjit Srivastava,Usha Srivastava,Vinod Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri H.P. Gupta, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against five accused persons namely, Ravi Kumar, Munsi Lal, Smt. Asha Devi, Ajay Kumar and Kumari Sangeeta Devi alleging that the marriage of deceased Reena Devi was solemnized with Ravi Kumar on 7.2.2018, they demanded dowry as plat and car from the deceased for which the deceased was being tortured by them and on 7/8.12.2018 they killed Reena Devi by administering poison. According to postmortem report, cause of death could not be ascertained and viscera was preserved.
It is submitted by learned counsel for the applicant that applicant is the father-in-law of deceased. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. He has no concern with the demand of dowry and he is not beneficiary of the same. Applicant has no concern with deceased and her husband. He is living separately. Deceased has committed suicide herself. He is languishing in jail since 21.12.2018 (more than three and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Munshi Lal involved in Case Crime No.
244 of 2018, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Nawabganj, District Kanpur Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 15.4.2019 A. Singh
2 issues framed by the court
Whether the applicant, accused of dowry harassment and death of wife, is entitled to bail.
Whether the applicant can furnish a bond and meet bail conditions without tampering with evidence.
2 provisions across 2 enactments
Munshi Lal
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
