In a bail application under Sections 498A IPC, 304B IPC, and the Dowry Prohibition Act, the Court held that a case for bail is made out on the available facts and without expressing an opinion on the merits.
Released on bail on furnishing personal bond and two sureties.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44999 of 2021
Applicant :- Harendra Kumar @ Ani Opposite Party :- State of U.P. Counsel for Applicant :- Ram Jatan Yadav,Rakesh Kumar Verma
Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. The applicant is brother-in-law (Devar) of deceased and that only general allegations of dowry demand and harassment of deceased have been levelled against all the six accused persons including the applicant. No specific role has been assigned to applicant. It has been submitted that though, the marriage of deceased with brother of applicant has taken place only about one year prior to the incident but the allegations of dowry demand and harassment are false and baseless. In postmortem report, cause of death has been asphyxia as a result of antemortem hanging. It has been submitted that deceased was suffering from some mental illness and she was under treatment and she has committed suicide due to that reason. It has further been submitted that similarly placed co-accused Satyapal Singh, Saurabh and Smt. Malti Devi have already been enlarged on bail by different Benches of this Court, the copies of which, are available on record. Lastly, it was submitted that the applicant is languishing in jail since 26.08.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused persons Satyapal Singh, Saurabh and Smt. Malti Devi have already been granted bail by this Court.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Harendra Kumar @ Ani involved in Case Crime No.111 of 2021, under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Jaitpur, District Agra, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such
facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 29.11.2021 Neeraj
3 issues framed by the court
Whether bail is maintainable given the general allegations of dowry harassment and the fact that similarly placed co-accused have been granted bail.
Whether the applicant is entitled to bail having lodged personal bond and sureties subject to reasonable conditions.
Whether a bail application reduces to submissions and does not require expression of opinion on merits.
Harendra Kumar @ Ani
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
