The High Court in Criminal Misc. Bail Application No. 11633 of 2022 rejected the bail plea of Sunil Kumar, accused under Sections 498-A and 304B IPC and the Dowry Prohibition Act for dowry death. Despite contradictions noted in inquest and post-mortem reports, the court held that no case for bail was made out.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 19
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11633 of 2022
Applicant :- Sunil Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Brijesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard Sri Brijesh Kumar, learned counsel for the applicant as well as learned A.G.A. for the State.
The present bail application is moved on behalf of the accused/applicant, Sunil Kumar, who is involved in Case Crime No.153 of 2018, under Sections 498-A, 304B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Sampurna Nagar, District Kheri.
Learned counsel for the applicant has submitted that the applicant is in jail since 12.11.2018 and he has been falsely implicated in the present case as the deceased received injury by falling and she died on the spot as she was carrying pregnancy. It is also submitted that the deceased was never victimized by the applicant and they were enjoying their matrimonial life. It is also submitted that the incident was reported to the family members of the deceased when they reached on the spot and the applicant and family members were shocked due to incident and the police came on the spot.
It is further submitted that the inquest proceedings as well as the post mortem of the deceased was conducted, thereafter, on the basis of concocted facts, the first information report in question was lodged and without considering the version of the applicant side, the charge sheet was filed by the Investigating Officer and till today, trial has not been concluded.
Learned counsel for the applicant has further submitted that in the inquest report, no injury was found by the witnesses of the inquest and they categorically observed that no seen injury was found on the body of the deceased and there is contradiction in the inquest report as well as the post mortem report in relation to the injuries found on the body of the deceased. It is further submitted that the applicant has no criminal history, therefore, he is entitled to be released on bail.
Learned A.G.A. vehemently opposed the prayer for bail and
submitted that the deceased died in a mysterious circumstance due to three ante mortem injuries over the front of the abdomen, over the front of right thigh and over the front of leg and knee and the cause of death is reported to be shock and hemorrhage due to ante mortem injury, therefore, the applicant is not entitled to be released on bail. However, learned A.G.A. is unable to dispute this fact that the applicant is in jail since 12.11.2018 and he is also unable to dispute the fact that in the inquest report, no injury has been shown but three injuries were found on the body of the deceased.
Considering the submissions advanced by learned counsel for the parties as well as going through the contents of the first information report and other relevant documents including the post mortem report, inquest report and the statements of witnesses recorded before the Court and also that the applicant is husband of the deceased and the deceased died at his house due to shock and hemorrhage due to ante mortem injuries, therefore, no case for bail is made out. Accordingly, the present bail application of the applicant is rejected.
Learned trial court is directed to conclude the trial expeditiously.
The Superintendent of Police, Kheri as well as Joint Director (Prosecution), Kheri are directed to ensure presence of witnesses before the Court during trial.
Office is directed to communicate this order to the Superintendent of Police, Kheri as well as Joint Director (Prosecution), Kheri for necessary compliance.
Order Date :- 14.11.2022 Saurabh
Digitally signed by SAURABH VERMA Date: 2022.11.14 17:21:06 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to bail given the contradictions in inquest and post-mortem reports regarding ante-mortem injuries.
Whether the delay in trial justifies granting bail to the accused husband accused of dowry death under IPC 498-A and 304-B.
2 provisions across 2 enactments
Sunil Kumar
State Of U.P.
Rajeev Singh
Saurabh Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
