In a bail application challenging charges of dowry death, the court rejected the prayer for bail. The deceased died of burns within four years of marriage amid allegations of cruelty. The court held that the heinousness of the offence and likelihood of tampering with evidence precluded bail.
Bail prayer rejected; application dismissed.
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Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9722 of 2016
Applicant :- Bhagwat Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Nagendra Kumar Singh,Upendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Rejoinder affidavit filed today by learned counsel for the applicant is taken on record.
By means of this application the applicant Bhagwat Sharma has prayed for bail in Case Crime No. 726 of 2015, u/s 498A, 304B I.P.C. and 3/ 4 D. P. Act, P.S. Nebua Navrangia, District Kushinagar.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has contended that the applicant is innocent and he has falsely been implicated in this case crime number. The deceased Poonam Sharma was issueless and under depression and being of unsound mind put herself at fire. She died before treatment. The accused-applicant along with other accused was at field and he had rushed on the spot after having information of the occurrence. She was taken to District Hospital, Kushinagar but was brought dead. Inquest and autopsy was got conducted. No demand of dowry and cruelty with regard to it was there. No specific role or categorical instance is there. Bail has been prayed for.
Learned AGA has opposed the bail.
Death under unnatural circumstances by burn at the house of husband of the bride within four years of marriage is there. Accusation of demand of dowry coupled with cruelty with regard to it is there in the statement of the informant. Not only this, it has been stated in the report instantly lodged that prior to it there had been some mediation at police station and the deceased was sent to the house of accused after conciliation and this occurrence took place within a short time of the above. Burn was so severe that the deceased could not be given medical help and when she was taken to hospital, she was dead in between, which is an admitted fact. Accused-applicant is husband of deceased. It is mentioned in the bail application that the deceased was issuless and under depression she was having suicidal tendency. Thus, she was to be taken care of by the
applicant with utmost care but nothing is there on the record, rather she was left all alone for commission of this occurrence, though accusation and statement recorded u/s 161 Cr.P.C. of murder by pouring kerosene oil and setting ablaze is question of trial, but under above all circumstances, heinousness of offence, menace of dowry death, severity of punishment and likelihood of tampering of evidence, in case of release on bail, it is not a fit case for bail.
Rejected accordingly.
Order Date :- 10.1.2019
Pcl
2 issues framed by the court
Whether bail is maintainable in a charge of dowry death involving pronouncement of likely tampering of evidence.
Whether the accused was present at the scene of the incident or merely rushed after information.
2 provisions across 2 enactments
Bhagwat Sharma
State Of U.P.
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
