This judgment grants bail to Om Prakash Singh, accused of dowry death. The court noted the FIR was lodged with delay and the applicant had no specific role in dowry demand. Bail was granted subject to bond and conditions.
Applicant released on bail under Sections 498-A, 304-B, 201 IPC and Section 3/4 D.P. Act on personal bond and two sureties.
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. - 9353 of 2019
Applicant :- Om Prakash Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
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 with inordinate delay on 20.5.2018 by Bholendra Vikram Rai, his sister Diksha was married to Gopal Singh on 28.11.2017 and since after marriage she was being treated with cruelty for non-fulfilment of demand of motorcycle and gold chain as dowry, she was fetched to her Maika on 17.4.2018 and was again fetched by applicant on 18.4.2018 whereafter on 28.4.2018 she was pushed from running train causing grievous injuries and resulting in her death; 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 motorcycle or gold chain allegedly demanded, as dowry; that deceased met with an accident as she fell down from running train resulting in her death and upon information of Lineman inquest report of deceased was prepared and in post-mortem cause of death was opined to be coma as a result of ante-mortem head injury; that F.I.R. has been lodged after inordinate delay of over 20 days of which no plausible reason has been given; that case of applicant is distinguishable with husband of deceased; that co-accused Abha Singh (mother-in-law) has been granted bail by another Bench of this Court vide order dated 18.2.2019 passed in Criminal Misc. Bail Application No.7041 of 2019, copy 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 22.9.2018.
Learned A.G.A. vehemently opposed prayer of bail in this case of dowry death within 7 years of marriage.
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 Om Prakash Singh be released on bail in Case Crime No.145 of 2018, under Sections 498-A, 304-B, 201 I.P.C. and Section 3/4 D.P. Act, P.S. Kachhwan, District Mirzapur, 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 :- 6.3.2019 Kpy
2 issues framed by the court
Whether the applicant is eligible for bail in a dowry death case where the accused is falsely implicated as the father-in-law of the deceased.
Whether the inordinate delay in lodging the FIR and the specific role of the accused warrant release on bail.
4 provisions across 2 enactments
Om Prakash Singh
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
