In a bail application under Sections 498-A, 304-B IPC and Dowry Prohibition Act, the court granted bail to the applicant alleged to have a role in a dowry death within seven years of marriage, finding it a fit case for bail without commenting on merits.
Released on bail on furnishing personal bond and two sureties in the like amount.
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. - 9699 of 2019
Applicant :- Indra @ Vinder Opposite Party :- State Of U.P. Counsel for Applicant :- Brijendra Kumar 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 Jeth of deceased; that as per averments made in F.I.R. lodged on 19.9.2018 by Narveer, his sister Mansi was married to Arjun on 29.4.2018 and since after marriage, she was being treated with cruelty for non fulfilment of demand of Car and on 19.9.2018, her dowry death was committed by accused-persons; that no specific role has been assigned to applicant regarding demand of dowry or treating deceased with cruelty for nonfulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for nonfulfilment of demand of dowry; that applicant may not be beneficiary of Car allegedly demanded, as dowry; that applicant was living separately in separate portion of house with separate fooding; that post mortem report of deceased states that cause of death was asphyxia as a result of anti mortem hanging and there is no other anti mortem injuries on her person, except ligature mark and three minor/negligible contusions, which may be caused in the process of hanging; that following dispute between husband and wife, deceased appears to have committed suicide by hanging herself or was hanged by her husband; that case of applicant is distinguishable from Arjun, the 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 1.10.2018.
Learned A.G.A. vehemently opposed the 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 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 Indra @ Vinder be released on bail in Case Crime No.584 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Kotwali, District Shahjahanpur 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 :- 3.4.2019 Tamang
2 issues framed by the court
Whether the applicant is fit for bail in a dowry death case where he is alleged to be the Jeth of the deceased.
Whether the severity of punishment and complicity of accused require denial of bail at this stage.
7 provisions across 3 enactments
Indra @ Vinder
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
