Court granted bail to the applicant, who was accused under IPC Section 304B and Dowry Prohibition Act in a case concerning the unnatural death of his wife. Bail was allowed subject to conditions including furnishing sureties and cooperation in the trial.
The applicant be released on bail by executing a personal bond and furnishing two sureties.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15794 of 2020
Applicant :- Awadhesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Prakash Rai,Rajrshi Gupta,Shrinath Counsel for Opposite Party :- G.A.,Anil Kumar Dubey,Ram Milan Dwivedi
Hon'ble Ajit Singh,J.
Heard Sri Dilip Kumar, learned Senior Advocate, assisted by Sri S.P. Rai, learned counsel for the applicant, Sri Ram Milan Dwivedi, learned counsel for the complainant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 193 of 2019, under Sections 498A, 304B I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Atarra, districtBanda, is seeking enlargement on bail during the trial.
The first information report of this incident was lodged by the complainant against unnatural death of his sister. It was mentioned in the FIR that sister of the complainant was married with the present accused on 5.3.2017 and in-laws of the sister of the complainant were demanding Rs. 50,000/- cash as additional dowry from the deceased and her parents. The additional demand of dowry being made by her in-laws was informed by the sister of the complainant several times when she had gone to her parental home. It was also mentioned in the FIR that in-laws of the sister of the complainant after committing maar-peet with the deceased, thrown down her from the roof and at the information of the death of the deceased, the complainant and his other family members reached at her matrimonial home.
Learned counsel for the applicant submits that initially eight persons were nominated in this case and police after completing
the investigation, submitted charge-sheet only against the present accused. He next submits that the applicant is absolutely innocent and has been falsely implicated in the present case with the ulterior intention of harassing him. The accused was unfortunate husband of the deceased. It is submitted that the deceased jumped down from the roof and sustained grievous injuries, as a result of which she died, which is evident from the statements of the independent witnesses who were residing in the close vicinity of the house of the deceased. He next submits that the panchayatnama of the deceased clearly shows that the deceased had died due to falling from the roof. In the panchayatnama of the deceased, the panch have given their opinion that the deceased died due to falling from the roof and the Magistrate who conducted the panchayatnama has also consented with the opinion of the panch , which is evident from the contents of page- 28 of the affidavit accompanying to the bail application. Further submission is that the police during investigation examined the persons, who were living in the close vicinity where the deceased and her husband were living and recorded the statement of Chitralekha, neighbour of the deceased. She in her statement has categorically stated that the deceased Abhilasha and her husband Awadhesh Kumar were living separately from her in-laws in their house. On 25.8.2019 a quarrel had taken place between the deceased and her husband over the issue of going to her parental home and at that time, the deceased after giving threat to jump down, jumped down from the roof top, and suffered fatal injuries. They rushed the deceased to the hospital, where she was declared brought dead. He also submits that independent witnesses, namely, Lalta Patel and Smt. Ranu Mishra have also given their statements to the police that the deceased was of volatile nature and she used to threaten the accused to commit suicide. He also submits that
the incident is alleged to have taken place on 25.8.2019 and it was reported to the police after an inordinate and unexplained delay of about two days on 27.8.2019. No demand of dowry was ever made by the applicant or his other family members. Further submission is that the deceased has suffered abrasions and contusions, which shows that the deceased had fallen from the roof of the house where she was living. As per postmortem report the cause of death was shock and hemorrhage due to ante-mortem head injury. He lastly submits that the applicant is in jail since 21.9.2019 and the trial has not yet been concluded. The applicant has no criminal antecedents to his credit, and is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A. as well as Sri Ram Milan Dwivedi, learned counsel for the complainant and submits that the accused and his other family members were demanding additional dowry from the deceased and her parents and due to non fulfillment of the additional demand of dowry, the deceased was tortured and maltreated by them in her matrimonial home and ultimately she was done to death.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Awadhesh Kumar be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.11.2020 Faridul
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail during the pendency of the trial.
Awadhesh Kumar
Ajit Singh
As recorded by the court registry
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