Single-judge criminal court rejected bail application in a dowry death case involving applicant Santosh Yadav despite his averment of no cruelty, citing presumption under Evidence Act and severity of punishment.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9810 of 2019
Applicant :- Santosh Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Narendra Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for committing dowry death of his wife with general allegations being husband of deceased; that as per averments made in F.I.R. lodged by Vyas Yadav on 7.6.2018, his daughter Priyanka was married to applicant in the year 2014, but her husband was not satisfied with dowry and she was being treated with cruelty for non fulfilment of demand of Rs.1,00,000/- and motorcycle, as dowry and Santosh Yadav, applicant was working abroad at Bangkok and had come back to home on 24.5.2018 and as per his desire, Priyanka was sent to her matrimonial house on 23.5.2018 and on 6.6.2018 at 9:00 p.m., applicant telephonically communicated first informant to fetch his daughter and after a period of about 15 minutes again informed that his daughter has hanged; that entire prosecution story is absolutely false and incorrect; 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 marriage of applicant with deceased was solemnized in Mahendra Nath Temple, P.S. Madanpur, District Deoria without any dowry as Aadarsh Vivah and there was no question of demand of dowry; that post mortem report states that cause of death was asphyxia as a result of anti mortem hanging, so applicant may not be considered to be liable for her dowry death; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 13.6.2018.
Learned A.G.A. vehemently opposed the prayer of bail and contended that apart from ligature mark, there were contusions over hands of deceased, which indicate that for non fulfilment of demand of dowry, she was treated with cruelty soon before her death and was hanged (after tightening her hands), to give it
a shape of suicide; that inquest report also states that there were abrasions and contusions over hands of deceased; that soon before her death deceased was treated with cruelty in connection with non-fulfilment of demand of dowry and her death has taken place otherwise than under normal circumstances within seven years of marriage, there is presumption of dowry death against applicant under section 113(B) of Indian Evidence Act; that applicant, if released on bail shall misuse liberty of bail and delay and defraud fair disposal of trial.
Upon hearing learned counsel for the parties, perusal of record and considering the 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 do not find it a fit case for bail. The bail application of applicant Santosh Yadav in Case Crime No.112 of 2018, Case No.1333 of 2018, under sections 498-A, 304-B IPC, P.S. Madanpur, District Deoria, is rejected accordingly.
Order Date :- 7.3.2019 Tamang
3 issues framed by the court
Whether the applicant is eligible for bail in a dowry death case where presumption exists under Section 113(B) of the Indian Evidence Act.
Whether the alleged misuse of bail and delay in trial justify refusal of bail.
How to balance severity of punishment under dowry death charges against psychiatric condition of accused.
Santosh Yadav
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
