Single judge allowed bail to a father-in-law charged under Sections 498-A, 304-B IPC and Dowry Prohibition Act, noting lack of evidence and no criminal history, subject to standard bond conditions.
Release on bail by furnishing a personal bond and two sureties, subject to conditions including not tampering with evidence or intimidating witnesses.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2691 of 2019
Applicant :- Vishvnath Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Singh,Ranjeet Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
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 against three accused persons, namely Shatrughan @ Monu, Vishwanath and Shakuntala alleging that the marriage of deceased Soni was solemnized with Shatrughan on 23.11.2017, they demanded dowry as motorcycle and golden chain from the deceased for which the deceased was being tortured and beaten by them and on 31.7.2018 they killed Soni. According to postmortem report, cause of death is asphyxia due to hanging.
It is submitted by learned counsel for the applicant that applicant is father-in-law. The applicant is innocent and has been falsely implicated in the present case. Applicant has no concern with demanded dowry. Applicant was living separately. Applicant has no concern with deceased and her husband. Deceased committed suicide herself. Offences levelled against the applicant are not attracted in the present case. There is no independent witness and no legal evidence against the applicant. Applicant was not beneficiary of alleged demanded dowry. He is languishing in jail since 13.9.2018 (more than five 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 applicant Vishvnath Singh involved in Case Crime No. 67 of 2018, under Sections 498-A, 304-B IPC & 3/4 Dowry
Prohibition Act, Police Station Balrai, District Etawah 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 :- 15.2.2019 A. Singh
3 issues framed by the court
Whether the applicant, father-in-law charged with dowry death, should be granted bail given lack of independent witnesses.
Whether the applicant can furnish a personal bond and two sureties as conditions for bail.
What conditions of bond should be imposed on the release on bail.
Vishvnath Singh
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
