The court allowed an application for bail for the father-in-law accused of dowry death. He had no criminal history and was held in custody since July 2018, while the court noted the absence of independent witnesses against him.
Bail allowed on furnishing a personal bond and two sureties in equal amount subject to standard conditions.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4734 of 2019
Applicant :- Rajmani Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Shri Prakash Dwivedi 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 as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against four persons namely, Vikas Kumar (husband), Rajmani Yadav(father-in-law), Kanti Devi(mother-in-law) and Shri Devi(sister-in-law) alleging that marriage of Babita @ Baby(niece of first informant) was solemnized with Vikas Yadav In May, 2015 but they used to torture her for nonfulfillment of demand of dowry and on 9.7.2018 they killed her. Her body was found hanging. As per postmortem report, ligature mark was found on neck and cause of death was due to antemortem hanging.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 10.7.2018(more than seven months) having no criminal history. He is father-inlaw and has been falsely implicated. He was living separately from deceased and her husband. The applicant had neither any concern with so-called demand nor he was beneficiary. General allegation has been made against the applicant. Later on, allegation has been made for demand of Rs.50,000/- after thought with legal consultation.There is neither any independent witness nor any eye-witness account. Deceased died herself by committing suicide. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any
opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Rajmani Yadav involved in Case Crime No.177 of 2018, under Section 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, Police Station Chilh, District Mirzapur 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:
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 13.2.2019 P.P.
3 issues framed by the court
Whether the applicant satisfies the requirements for bail in a dowry-death case involving Sections 498-A and 304-B IPC.
Whether the applicant's criminal history and period of custody justify granting bail.
At what conditions bail can be granted subject to a personal bond and sureties.
3 provisions across 2 enactments
Rajmani Yadav
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
