The court allowed the bail application of Lal Chandra Jaiswal, alleged father-in-law charged in a dowry death case involving death by burning. The applicant claimed innocence, lack of specific evidence, and separation from the deceased's husband.
Relief: Released on bail on furnishing a personal bond and two sureties subject to conditions.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18568 of 2019
Applicant :- Lal Chandra Jaiswal Opposite Party :- State Of U.P. Counsel for Applicant :- Vikas Singh,Bhuwan Raj Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against four accused persons namely, Sri Deepak Jaiswal, Sri Rahul Jaiswal (devar), Sri Lal Chand Jaiswal (father-in-law) and Smt. Munni Jaiswal alleging that the marriage of deceased Puja was solemnized with Deepak in the year 2013, they demanded additional dowry from the deceased for which the deceased was being tortured by them and on 14.9.2018 they killed her by setting her on fire. Dying declaration of deceased was recorded, she stated that husband, mother-in-law and brother-in-law (devar) poured kerosene oil and set her on fire. She also stated that her husband was drinker.
It is submitted by learned counsel for the applicant that applicant is the father-in-law 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. According to dying declaration, no role was assigned against the applicant. Specific allegation was against her husband who was drinker. 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 28.1.2019 (more than three 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 Lal Chandra Jaiswal involved in Case Crime No. 1083 of 2018, under Sections 498-A, 326, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Naini, District Prayagraj 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 :- 2.5.2019 A. Singh
2 issues framed by the court
Whether the applicant should be released on bail considering the nature of grave charges including dowry-related offences.
Whether the lack of independent evidence and absence of specific charges against the applicant warrants granting bail.
Lal Chandra Jaiswal
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
