In this bail application, the court granted release to the applicant accused of abetting dowry death and murder, subject to personal bond and sureties and specific conditions regarding court attendance.
Applicant to be released on bail on personal bond and two sureties subject to conditions of attendance and conduct.
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. - 4371 of 2019
Applicant :- Vinod Kumar Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Anand Kumar Pandey 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 contends that applicant has been falsely implicated being Jeth of deceased; that FIR has been lodged by brother of deceased on 23.06.2018 under Sections 498-A, 304-B and 302 IPC and 3/4 DP Act with the allegations that deceased was married to co-accused Sunil Chauhan in the year 2012 and was being treated with cruelty for non-fulfilment of demand of dowry, and on 22.06.2018 her husband and in-laws caused her death by strangulation for nonfulfilment of demand of dowry; that applicant never made any demand of dowry from deceased nor treated her with cruelty for non-fulfilment of alleged demand of dowry nor strangulated Ramita or her children Km. Sandhya; that there was matrimonial dispute between deceased and her husband who were living separately from applicant and death of his wife and children by strangulation can be explained only by co-accused Sunil Chauhan, husband of Ramita; that applicant had no motive to cause of death of deceased and there is no incriminating evidence to show that he participated in committal of strangulation of deceased; that case of applicant is distinguishable from Sunil Chauhan, the husband of deceased; that co-accused Manorama Devi @ Munari Devi, sister of applicant and Pushpa Devi, wife of applicant, have been granted bail by this Court vide orders dated 28.11.2018 & 17.1.2019 passed in Criminal Misc. Bail Application Nos.41750 of 2018 and 1943 of 2019 respectively, copies filed at Annexure-7 and produced for perusal which is taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 11.09.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused 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 Vinod Kumar Chauhan be released on bail in Case Crime No. 100 of 2018, under Sections 498-A, 304-B, 302 I.P.C. and Section 3/4 D.P. Act, P.S. Maniyar District Ballia 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 :- 1.2.2019 Kpy
1 issue framed by the court
Whether the applicant for bail should be released pending trial in a case involving dowry death and culpable homicide.
5 provisions across 3 enactments
Vinod Kumar Chauhan
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
