High Court allowed the second bail application of an accused charged with dowry death. The court observed that key prosecution witnesses turned hostile, not supporting the prosecution version, and found a case for bail was made out.
Application allowed; applicant released on bail on furnishing a personal bond and two sureties each.
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. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24326 of 2022
Applicant :- Manjesh Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Samiuzzaman Khan,Saddam Husain Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
This is second bail application.
Heard learned counsel for the applicant, learned A.G.A. 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 marriage of deceased with applicant has taken place about two years prior to the incident and the allegations regarding dowry demand and harassment of deceased, are thoroughly false and baseless. In the first information report, only general allegations of dowry demand and harassment of deceased have been levelled against all the accused persons including the applicant. In postmortem report, cause of death has been shown ante-mortem hanging and except ligature mark, no other injury has been shown on the body of deceased. The first bail application of applicant was rejected by this Court vide order dated 29.11.2021, passed in Criminal Misc. Bail Application No.40448 of 2021 and thereafter the material witnesses have already been examined before the trial court but they have not supported the prosecution version and turned hostile. Referring to the statement of P.W.1 Dharmdev Patel, who is complainant of the case and father of deceased and statement of P.W.2 Kalavati Devi, who is mother of deceased, it has been pointed out that these witnesses have clearly stated that applicant and
his family members have never harassed the deceased on account of dowry. The deceased never made complaint to them regarding any harassment or dowry demand. These witnesses also denied their statements, recorded during investigation recorded under Section 161 CrPC. It has been submitted that the applicant is languishing in jail since 13.12.2020 having no criminal history and that a number of formal witnesses are yet to be examined and thus, the trial is likely to take sufficiently long time in conclusion. It was further submitted that in case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that after rejection of first bail application, the parents of deceased have already been examined and they have not supported the prosecution version.
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 Manjesh involved in case crime no.246 of 2020, under Sections 498-A, 304-B IPC and Section 3/4 of D.P. Act, P.S. Khukhundu, District Deoria, 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:
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 :- 10.11.2022 Neeraj
Digitally signed by NEERAJ KUMAR SINGH Date: 2022.11.11 10:07:36 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail is grantable to the applicant charged with offences under Sections 498-A and 304-B IPC considering the hostility of prosecution witnesses.
What conditions should be imposed on the release of the applicant on bail.
2 provisions across 1 enactments
Manjesh
State of U.P.
Raj Beer Singh
Neeraj Kumari Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
