This court allowed the bail application of an applicant accused of dowry-related offences. The court noted the applicant's duty attendance on the incident day and lack of corroboration by parents regarding dowry demands, finding a case made out for bail.
Order for release on bail by furnishing personal bond and two sureties subject to standard conditions.
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. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23237 of 2019
Applicant :- Diwakar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Irfanul Huda,Bhriguram Ji,Shashi Shankar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard Sri C.P. Pandey, learned counsel for the applicant, learned A.G.A for the State and perused the record.
Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in the present case by the informant for making demand of dowry and harassment with the deceased who was wedded to him in the year 2011 and she committed suicide in the year 2017 having two children with the wedlock. Further submitted that in the post mortem, the death of the deceased was found due to head injury and strangulation.
It is also submitted that the applicant was working as driver in Xth Vahini PAC at Barabanki and it was not possible to be present on the spot when the incident took place. He also filed the copy of G.D dated 4.6.2017 in which his Rawanagi has been entered as G.D. No. 14 at 12.10 o'clock which shows that the applicant was not present on the spot but he was on duty and in such circumstances it cannot be said that he caused injury to the deceased as a result she died. Further submitted that before the learned trial court, the informant-Ram Niwas (father) and mother Gyani Devi have already been examined as P.W-1 and P.W-2, who have not supported the prosecution version regarding demand of dowry and harassment with the deceased by this applicant and other members of his family. They have also stated that at the time of inquest, they were present and no any injury was visible on the person of the deceased at that time but the deceased was mentally ill on account of which she committed suicide. They have also stated that this applicant was working in Xth Vahini PAC at district Barabanki and came to his house in the evening on the day of incident. In this way no offence is made out against this applicant. He is languishing in jail since 12.9.2017 as having no any criminal antecedent 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 but acceded the fact that as per G.D report the applicant was on duty in Xth Vahini PAC at Barabanki.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, entry in G.D, statements of P.W-1 and P.W-2 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- Diwakar Yadav, involved in Case Crime No.1006 of 2017, under Sections 498-A, 304-B I.P.C and section 3/4 D.P. Act, P. S. Khaleelabad, District Sant Kabir Nagar be released on bail on furnishing a personal bond and two 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 :- 2.8.2022
G.S
Digitally signed by GHAN SHYAM Date: 2022.08.04 17:49:28 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant qualifies for bail despite allegations of dowry demand and hara ssment.
Whether the applicant's duty attendance on the day of death negates involvement in the incident.
Whether the evidence recorded by the trial court warrants granting bail.
2 provisions across 2 enactments
Diwakar Yadav
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
