The court allowed bail to the applicant in a dowry death case under Sections 498-A, 304-B IPC, finding at this stage without commenting on merits, that he is a fit case for bail subject to conditions.
Applicant released on bail by personal bond and two sureties subject to conditions of trial cooperation and no unlawful activities.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8402 of 2019
Applicant :- Vijay Shankar Gond Opposite Party :- State Of U.P. Counsel for Applicant :- Vinod Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Supplementary affidavit filed by learned counsel for applicant today in the Court, 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 by Ganesh Gond, his 27 years old daughter Gudiya was married to Chandan in the year 2011 and on 7.9.2018 Chandan informed on phone that Gudiya is seriously ill and when he reached her sasural at about 8:00 a.m., he found dead body of his daughter lying in the room, who died due to hanging; that in F.I.R. there is no whisper of demand of dowry or cruelty in connection therewith; that in statements under section 161 Cr.P.C., first informant as well as his wife have stated that since after one year of marriage deceased was being treated with cruelty by her husband Chandan Gond and motherin-law demanding a sum of Rs.1,00,000/-; 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 Rs.1,00,000/allegedly demanded, as dowry; that as per post mortem report death of deceased did take place due to asphyxia as a result of anti mortem hanging and there is no other anti mortem injury on her person, except ligature mark; that case of applicant is distinguishable from husband of deceased; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 15.11.2018.
Learned A.G.A. vehemently opposed prayer of bail.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment 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 Vijay Shankar Gond be released on bail in Case Crime No.117 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, P.S. Reoti, District Ballia 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 :- 13.3.2019 Tamang
1 issue framed by the court
Whether the applicant is a fit case for bail in a dowry death and cruelty case.
5 provisions across 3 enactments
Vijay Shankar Gond
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
