This judgment rejects a bail application in a suicide case where the deceased was the wife of the accused. The court cites the menace of dowry death and concerns regarding evidence tampering without commenting on the merits of the underlying accusation.
The Bail Application stands rejected.
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Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17411 of 2020 Applicant :- Vivek Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Singh,Krishna Mani Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application, moved by the accused-applicant- Vivek Gupta, in Case Crime No. 3 of 2020, under Section-306 I.P.C. Police StationKotwali Shahar, District-Mirzapur.
Learned counsel for accused-applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number being husband of the deceased; he is languishing in jail since 24.01.2020; it was a case of suicide by the deceased herself with no other mark of injury except ligature mark of hanging; 15 days before the occurrence, a fried of deceased had died resulting great depression of deceased and due to which she had committed suicide; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case, he is released on bail. Hence bail has been prayed for.
Learned A.G.A. has vehemently opposed the bail application with this contention that unnatural death within six months of marriage at the nuptial house is there and the occurrence of soon before death, wherein, informant had come to the house of the applicant for making a prayer for being calm and cool is there and on this torture, resulted suicide by the deceased and husband was to explain, under Section 106 Cr.P.C. regarding the fact than his special knowing, because of being bedroom companion of the deceased, but no cogent explanation is there; there is every likelihood of applicant's fleeing from course of justice and tempering with evidence in case applicant is released on bail.
Having heard learned counsel for both sides and gone through materials placed on record, considering the menace of dowry death in the society, likelihood of tampering with evidence in case of release on bail as well as likelihood of fleeing from course of justice, but without commenting on merit of the case, there appears to be no ground for bail.
Accordingly, this Bail Application stands rejected.
Order Date :- 10.12.2021 Deepak/
3 issues framed by the court
Whether bail should be granted to an accused alleged to have driven the deceased to suicide in a dowry-related dispute without undue hesitation.
Whether the likelihood of tampering with evidence justifies rejection of bail in a case involving the husband of the deceased.
Whether the existence of dowry death circumstances negates the grounds for granting bail despite arguments of innocence.
Vivek Gupta
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
