Court released Ramveer Verma on bail in a criminal miscellaneous application challenging dowry death charges. The court ruled it is a fit case for bail subject to standard conditions and sureties.
Applicant released on bail under Section 438 Cr.P.C. on personal bond and two sureties each.
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. - 14158 of 2019
Applicant :- Ramveer Verma Opposite Party :- State Of U.P. Counsel for Applicant :- Vipul Shukla,Radhey Shyam Shukla Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
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 Naresh Verma on 28.6.2018, his daughter Sonam was married to Alok Verma about five years back and since after marriage she was being treated with cruelty for non-fulfilment of demand of dowry and her husband Alok used to threat of her life and on 27.6.2018 he was informed that his daughter has been hanged to death; that postmortem report of deceased states cause of death due to asphyxia as a result of ante mortem hanging and there is no other ante mortem injury on her person except ligature mark; that marriage of deceased Sonam @ Sonali was solemnized with applicant's son Alok on 31.1.2013 in a community marriage ceremony sponsored by Chhatriya Swarnkar Samaj without any dowry and there was no demand of dowry at all; that role of giving threat of her death has been assigned to Alok, her husband; that the case of the applicant is distinguishable from husband of the deceased; 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 28.7.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the 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 the applicant Ramveer Verma be released on bail in Case Crime No. 325 of 2018, under Sections 498-A, 304-B, 506, I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Jalalabad, District Shahjahanpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(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.
(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 :- 5.4.2019 T. Sinha
2 issues framed by the court
Whether the applicant is a fit case for bail in a dowry death allegation where no specific role is assigned regarding dowry demand or cruelty.
Whether the applicant, being the father-in-law and not the husband, requires less strict scrutiny for bail in a service and employment type case.
4 provisions across 2 enactments
Ramveer Verma
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
