In a bail application under Sections 498-A IPC and 304-B IPC, the Court granted release to the applicant, finding it a fit case for bail without commenting on merits, subject to complying with statutory conditions.
Applicant released on bail on furnishing personal bond and two sureties subject to conditions.
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. - 7890 of 2019
Applicant :- Satya Pal Opposite Party :- State Of U.P. Counsel for Applicant :- Hardev Prajapati Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Compliance affidavit filed by learned AGA, is taken on record.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for dowry death with general allegations being father-in-law of deceased; that as per averments made in F.I.R. lodged on 22.5.2018, marriage of Rajani was solemnized with Jitendra about 5 years back and since after marriage, she was being treated with cruelty for non-fulfilment of demand of Apache motorcycle as dowry and on 10.5.2018 when first informant went to meet his daughter, she told him about atrocities of her in-laws and on 12.5.2018 for non-fulfilment of demand of dowry, her husband poured kerosene on her upon instigation of his mother and others and put her on fire and during treatment she died on 21.5.2018 and her dying declaration was recorded in Medical College, Aligarh; that no specific role has been assigned to applicant regarding demand of dowry or treating deceased with cruelty for non-fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that applicant may not be beneficiary of Apache motorcycle allegedly demanded, as dowry; that dying declaration of deceased was allegedly recorded by Anil Kumar Tripathi, Additional City Magistrate, Aligarh, but no such dying declaration of deceased was found as per Parcha dated 8.8.2018 of case diary, copy at Annexure-6; that in F.I.R. itself, role of pouring kerosene on deceased and putting her on fire has been assigned to her husband and applicant has been assigned with role of instigating the husband of deceased; that case of applicant is distinguishable from Jitendra, husband of deceased; that co-accused Smt. Ram Murti has been granted bail by this Court vide order dated 28.2.2019 passed in Criminal Misc. Bail Application No.8593 of 2019, copy of which has been produced for perusal and taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 14.12.2018.
Learned A.G.A. vehemently opposed the prayer of bail and contended that in case diary provided to him, there is no mention of dying declaration; that in paras 4 and 5 of compliance affidavit filed today, it has been made clear that dying declaration was recorded, but that is not part of case diary and for this reason, District Magistrate, Aligarh has initiated an inquiry appointing A.D.M., as Inquiry Officer vide it's order dated 13.3.2019.
Upon hearing learned counsel and perusal of record and considering 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 applicant Satya Pal be released on bail in Case Crime No.352 of 2018, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Kasganj, District Kasganj, on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with 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 :- 15.3.2019 Tamang
1 issue framed by the court
Whether bail should be granted to the applicant alleged in the dowry death case.
Satya Pal
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
