The court granted bail to Ramcharan in a dowry death case despite objections from the State. The court noted co-accused bail status and lack of antecedents, finding it a fit case for bail without delving into case merits.
Bail granted on personal bond and two sureties each in the like amount, subject to conditions regarding trial cooperation and conduct.
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. - 13241 of 2019
Applicant :- Ramcharan Opposite Party :- State Of U.P. Counsel for Applicant :- Priyanka Devi Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for dowry death with general allegations being father-in-law of deceased; that as per averments made in F.I.R. lodged on 26.10.2018 by Hardas, his daughter Sukhwati was married to Harprasad @ Raj Kumar on 19.4.2018 with dowry worth Rs.7,55,000/- and on 23.10.2018 at 12:00 in noon, there was quarrel between Sukhwati and members of her Sasural, in which they beaten Sukhwati and administered Singhado medicine (poisonous substance) to her and then taken her to District Hospital Naugaon from where she was referred to Jhansi and died on 24/25.10.2018; that as per post mortem report there was no anti mortem injuries on her person and cause of death could not be ascertained, so viscera was preserved and as per forensic lab report organo phosphorus insecticide poison was found in parts of her viscera; that there is no whisper in F.I.R. about demand of dowry or treating deceased with cruelty for non fulfillment of demand of dowry by applicant; that applicant did not administer poison to deceased; that co-accused Dharmendra and Teeja Bai have been granted bail by co-ordinate Bench of this Court vide order dated 1.3.2019 and 13.3.2019 passed in Criminal Misc. Bail Application Nos. 9098 of 2019 and 10241 of 2019, copy of which has been produced for perusal and taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 30.1.2019.
Learned A.G.A. vehemently opposed the prayer of bail in this case of dowry death within 7 years of marriage.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment, grant of bail to co-accused 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 Ramcharan be released on bail in Case Crime No.167 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, P.S.Ajnar, District Mahoba 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 :- 2.4.2019 Tamang
3 issues framed by the court
Whether bail is appropriate in a dowry death case where co-accused have already been granted bail.
Whether the applicant satisfies the conditions for release on bail without commenting on merits.
Whether the severity of punishment for dowry death precludes bail.
5 provisions across 3 enactments
Ramcharan
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Harsh Kumar
Parties & counsel
