Allowed

Damodar Singh v. State of U.P.

Allahabad HC1 Apr 2019BAIL/13317/2019

Case brief

AI extract

What is this about?

The Court granted bail to the applicant, Damodar Singh, falsely implicated as father-in-law in a dowry death case. The applicant undertook personal surety as he resides in the sufferance of other accused already granted bail, and will not misuse the liberty of bail.

What did the court decide?

The applicant Damodar Singh was released on bail on furnishing a personal bond and two sureties with specified conditions.

Damodar Singh Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2019)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13317 of 2019

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Applicant :- Damodar Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Anand Kumar Srivastava,Sheikh Saaduddin Sazaly Counsel for Opposite Party :- G.A.

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Hon'ble Harsh Kumar,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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Learned counsel for the applicant contended that the applicant has been falsely implicated for 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 Rameshwar Singh on 22.7.2018, his daughter Simpy Singh was married to Deepak Singh about six years back and since after marriage she was being treated with cruelty for non-fulfilment of demand of Rs.5,00,000/- as dowry and on 22.7.2018 her dowry death was committed by putting her on fire; that real fact is that despite lapse of around six years of marriage deceased was not blessed with any child, so she was being treated for infertility vide copies of prescriptions and medical papers at Annexure-1; that for not being blessed with any child deceased was living under depression and appears to have immolated herself in kitchen of house when she was all alone at home and by the time it was noticed that she has put her on fire and when family members reached for her rescue, her burnt skeleton was found; that in the alternative deceased would have sustained burn injuries following dispute with her husband ; that the case of the applicant is distinguishable with husband of the deceased; that co-accused Nirmala Singh (mother-in-law) and Raju Singh (Mamiya Sasur) have been granted bail by this Court vide orders dated 28.2.2019 and 1.11.2018 passed in Criminal Misc. Bail Application Nos. 8597 of 2019 & 42289 of 2018, copies filed at Annexure-8; 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 26.7.2018.

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Learned A.G.A. vehemently opposed the prayer of bail.

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Upon hearing learned counsel and perusal of record and considering the 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.

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Let the applicant Damodar Singh be released on bail in Case Crime No. 94 of 2018, under Sections 498-A, 304-B, I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Karanda, District Ghaziapur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(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.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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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.

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Order Date :- 1.4.2019 T. Sinha

Damodar Singh v. State of U.P.

Case brief

What is this about?

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Damodar Singh v. State of U.P.

Case brief

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