Application for bail in dowry death case under Sections 498-A and 304-B IPC. Court granted bail subject to furnishing personal bond and two sureties, citing fit case despite severity.
Released on bail on personal bond and two sureties to satisfaction of magistrate/court concerned.
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. - 13905 of 2019
Applicant :- Ram Singh @ Ramu Opposite Party :- State Of U.P. Counsel for Applicant :- Ashok Kumar Mishra 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 Jeth of deceased; that as per averments made in F.I.R. lodged on 8.7.2016 by Smt. Premwati, his daughter Dharamwati was married to Dharmendra @ Devendra on 29.4.2016 and since after marriage, she was being treated with cruelty for non fulfilment of demand of motorcycle, fridge, cooler and washing machine and her dowry death was committed on 5.7.2016 by her husband, father-in-law and brother-in-law ( Jeth ), applicant; 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 applicant may not be beneficiary of motorcycle, fridge, cooler and washing machine allegedly demanded, as dowry; that as per post mortem report cause of death could not be ascertained and viscera was preserved, in which insecticide poison was found in parts of her viscera; that upon investigation, no material evidence was found against applicant and he was exonerated; that subsequently during trial on application under section 319 Cr.P.C., applicant was summoned vide order dated 27.9.2018 at Annexure No.5; that applicant was living separately; that applicant did not administer poison to deceased; that charge sheeted co-accused Pyare Lal (fatherin-law), has been granted bail by co-ordinate Bench of this Court vide order dated 1.11.2017 passed in Criminal Misc. Bail Application No. 42169 of 2017, copy of which has been produced for perusal and taken on record; that case of applicant is distinguishable from Dharmendra @ Devendra, the husband of deceased; that husband of deceased is in custody; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 12.12.2018.
Learned A.G.A. vehemently opposed 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 Ram Singh @ Ramu be released on bail in Case Crime No.824 of 2016, S.T. No.187 of 2017, under Sections 498-A, 304-B, I.P.C. and 3/4 Dowry Prohibition Act, P.S.Gajraula, District Pilibhit 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 :- 4.4.2019 Tamang
3 issues framed by the court
Whether the applicant is fit case for bail in dowry death case within 7 years of marriage.
Whether co-sureties and conditions can be imposed for release on bail.
Whether the complaint of false implication and distinction from main accused warrants immediate release.
3 provisions across 2 enactments
Ram Singh @ Ramu
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
