In a bail application under CrPC, the court allowed the release of an accused alleged in dowry death and cruelty charges, finding no criminal history and no grave concern for misuse of liberty.
Release on bail with personal bond and two sureties subject to non-tampering and appearance conditions.
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. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15887 of 2019
Applicant :- Ishwar Dayal Alias Ishwardas Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri P.K. Rai, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against six accused persons namely, Baburam (husband), Premchand (father-in-law), Ishwardas (jeth), Prakash (jeth), Dorilal (jeth), Roshanlal (jeth), Sher Singh (devar) and Meena Devi (nanad) alleging that the marriage of deceased Dauli was solemnized with Baburam before two years, they demanded dowry as motorcycle and cash money from the deceased for which the deceased was being tortured by them and on 21.2.2019 they killed her by strangulation.
It is submitted by learned counsel for the applicant that applicant is brother-in-law (jeth) 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 25.2.2019 (more than one 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 Ishwar Dayal Alias Ishwardas involved in Case Crime No. 21 of 2019, under Sections 498-A, 304-B
IPC and Section 3/4 Dowry Prohibition Act, P.S. Khairgarh, District Firozabad 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 :- 17.4.2019 A. Singh
3 issues framed by the court
Whether bail should be granted to the applicant alleged in dowry death case with no criminal history.
Whether conditions can be imposed to prevent tampering with evidence or intimidation.
Whether the applicant has valid grounds to claim innocence and non-participation in the crime.
3 provisions across 2 enactments
Ishwar Dayal Alias Ishwardas
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
