This judgment allows a bail application filed by in-laws accused of dowry death and cruelty. The court held it is a fit case for bail, noting the applicants lack criminal history and were affected by general allegations.
Release on bail by furnishing a personal bond and two sureties on conditions including not tampering with evidence or intimidation.
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. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18549 of 2019
Applicant :- Chheda Lal And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Johri Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against six accused persons namely, Bharat Singh, Chhedala, Ganga Devi, Dayaram, Dharmpal and Gauri Devi alleging that the marriage of deceased Geeta Devi was solemnized with Bharat Singh on 11.3.2018, they demanded dowry as L.C.D. and fridge from the deceased for which the deceased was being tortured by them and on 20.5.2018 they killed her by administering poison.
It is submitted by learned counsel for the applicants that applicant no. 1 is the father-in-law of deceased and applicant no. 2 is mother-in-law of deceased. The applicants are innocent and have been falsely implicated in the present case. There is general allegations against the applicants. There is no independent witness and no legal evidence against the applicants. Offences levelled against the applicants are not attracted in the present matter. They have no concern with the demand of dowry and they are not beneficiary of the same. Applicants have no concern with deceased and her husband. They are living separately. Deceased has committed suicide herself. They are languishing in jail since 17.1.2019 (near about three and half months) having no criminal history and in case they are released on bail, they 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 applicants and admitted that applicants have 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 applicants Chheda Lal and Smt. Ganga Devi involved in Case Crime No. 198 of 2018, under Sections 498-A, 323, 328, 304-B IPC and Section 3/4 Dowry
Prohibition Act, P.S. Madhotanda, District Pilibhit 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 applicants will not pressurize/ intimidate the prosecution witness.
3.The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5.The applicants 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 them 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 :- 2.5.2019 A. Singh
2 issues framed by the court
Whether bail should be granted to applicants facing dowry death and cruelty charges.
Whether the length of custody and lack of independent evidence warrant bail.
Chheda Lal
Smt. Ganga Devi
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
