Hon'ble Court granted bail to the father-in-law of a deceased in a dowry death case. The court noted the cause of death was suicide and the applicant lacked specific criminal role or harassment history.
Applicant released on bail by furnishing a personal bond and two sureties each under specified conditions.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55796 of 2019
Applicant :- Narayan Singh Alias Narayan Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Kumar Singh,Abhai Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is father-in-law of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. It has further been submitted that there is general allegation against the applicant, no specific role has been assigned to the applicant. In the postmortem report, the cause of death of the deceased has been shown asphyxia due to ante mortem hanging. The deceased has committed suicide herself. At the time of alleged incident the applicant was living separate from the deceased and her husband. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. There is no direct evidence against the applicant. The case of the applicant is distinguishable from the case of husband of the deceased. There is no criminal history of the applicant and is in jail since 1.9.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Narayan Singh Alias Narayan involved in Case Crime No. 0325 of 2019, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Bhojpur District Ghaziabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 16.12.2019 Gss
2 issues framed by the court
Whether the applicant, a father-in-law of the deceased facing charge of dowry death, is entitled to bail.
Whether lack of specific role and suicide of deceased support granting of bail.
3 provisions across 2 enactments
Narayan Singh Alias Narayan
State of U.P.
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
