The Allahabad High Court allowed bail to the applicant, husband of a deceased woman, facing charges under Sections 498-A and 304-B IPC and the D.P. Act. The court noted the delayed filing of the FIR (20 days) post-electrocution death.
RELEASE on bail furnishing a personal bond and two heavy sureties each subject to conditions.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10152 of 2022
Applicant :- Naresh Opposite Party :- State of U.P. Counsel for Applicant :- Mool Chandra Maurya Counsel for Opposite Party :- G.A.,Ajay Kumar Dwivedi
Hon'ble Siddharth,J.
Heard learned counsel for the applicant; Shri Ajay Kumar Dwivedi,learned counsel for the informant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on the basis of application u/s 156(3) Cr.P.C. after delay of 20 days alleging that deceased was subjected to cruelty and harassment owing to nonfulfilment of demand of dowry. Deceased died of electrocution in her sasural.
It is submitted by learned counsel for the applicant that the applicant is innocent. Applicant is husband of deceased. No demand of dowry was made by him. Being husband of deceased, he has been roped in this case with other family members. At the time of cremation informant alongwith his family members were present but he did not lodge F.I.R. After 20 days of incident this F.I.R. was lodged by informant. Police report, obtained by court concerned shows that deceased died of electrocution at the time of making dek. Information was given to the inmates of house of deceased, they also participated in cremation but after 20 days of incident, they concocted false story to make harassment of applicant and other family members. He is languishing in jail since 9.7.2021, having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case,
the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Naresh involved in Case Crime No. 39 of 2021, under Sections 498-A, 304-B, 201 I.P.C. and Section 3/4 D.P. Act, P.S. Jalesar, District Etah be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 23.9.2022 Atul kr. sri.
Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.09.23 17:43:44 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, who was rearrested days after the incident allegedly being falsely implicated, is entitled to bail under Sections 498-A IPC and Section 304-B IPC.
Naresh
Siddharth, J.
As recorded by the court registry
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