Single judge rejected bail application of husband accused of dowry death invoking Sections 498-A, 304-B IPC and Dowry Prohibition Act, citing gravity of offence and direct evidence against applicant.
Bail application rejected at this stage; trial directed to be concluded within six months.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19625 of 2019
Applicant :- Sandeep @ Monu Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Sharma,Ankit Saran,Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
This first bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 377 of 2017, registered under Sections 498-A, 504, 304-B I.P.C. and Section 3/4 of D.P. Act, Police Station Pahasu, District Bulandshahar during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has been intentionally dragged in the present case. The applicant is husband of the deceased. Deceased was suffering from mental/brain disease and treatment had been going before the marriage since 2012. He next argued that P.W. 1, P.W. 2 and P.W. 3 have become hostile. Deceased consumed poisonous substance, as she was under depression. The applicant has no role in the present case. P.Ws. 1, 2 and 3 have become hostile. As per post mortem report, injury has not been found over the body of the deceased. As per statement of witnesses, no case is made out under the alleged sections. The applicant has no previous criminal antecedents. There is no independent witness to support the prosecution case. He further contended that the co-accused have been granted bail, hence, the applicant may also be released on bail on the same footing. The applicant is languishing in jail since 28.08.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Per contra, learned A.G.A. vehemently opposed the bail prayer of the applicant and submits that the applicant is named in the FIR and is husband of the deceased. The deceased has died after five months of marriage and as per medical report, the cause of death is of consumption of aluminium phosphide. As per FIR version, the applicant used to torture his wife for dowry, as such, the deceased gets under depression and as a result
whereof, she committed suicide after consuming poisonous substance, hence, there is direct evidence against the applicant regarding provocation for committing suicide, as such, the applicant is not entitled for bail and the same may be rejected.
Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties and looking to seriousness and gravity of offence, evidence, complicity of the accused, I do not find it is a fit case for bail to the applicant.
Accordingly, the bail application of the applicant- Sandeep @ Monu, involved in Case Crime No. 377 of 2017, registered under Sections 498-A, 504, 304-B I.P.C. and Section 3/4 of D.P. Act, Police Station Pahasu, District Bulandshahar is hereby rejected at this stage.
However, the trial court is directed to decide the trial of the case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of six months from the date of production of a certified copy of this order, if there is no other legal impediment.
Order Date :- 20.12.2021 Nitin Verma
2 issues framed by the court
Whether the applicant is entitled to release on bail in a case involving alleged dowry death and suicide under Sections 498-A, 304-B IPC.
Whether complicity of the accused in the commission of suicide justifies rejection of bail.
2 provisions across 2 enactments
Sandeep @ Monu
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
