Criminal Misc. Bail Application allowed in a dowry death case. Court held that prosecution witnesses did not support the version of dowry demand, making a case out for bail. Bail granted on furnishing sureties.
Bail directed to be granted by furnishing a personal bond and sureties.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26465 of 2019
Applicant :- Rahul Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kumar Patel,Rajesh Kumar Vishwakarma Counsel for Opposite Party :- G.A.,Aditya Vardhan Singh
Hon'ble Subhash Chandra Sharma,J.
List has been revised. Learned counsel for the applicant as well as learned A.G.A is present. No one is present from the side of complainant.
Learned counsel for applicant filed a slip regarding information given by him to the learned counsel for complainant.
Heard 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 being husband of the deceased for making demand of dowry and harassment to the deceased, as a result she committed suicide by hanging within seven years of her marriage. Further submitted that the applicant neither made any demand of dowry nor subjected her to harassment with the deceased but she was married to the applicant against her will that was the reason she was depressed and committed suicide. The version made in the F.I.R is false. Further submits that P.W-1 father, P.W-2 brother and P.W-3 mother of deceased have been examined before the learned trial court in which they have not supported the version regarding the demand of dowry and harassment but stated clearly that they married with this applicant against her will that was the reason she was depressed and committed suicide by hanging. In this way there is nothing on record to support the version as mentioned in the F.I.R against this applicant. He is languishing in jail since 23.7.2018 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 and urged that the applicant has committed the alleged offence, hence he is not entitled for bail.
Keeping in view the nature of the offence, evidence,
complicity of the accused and the fact that P.W-1, P.W-2 and P.W-3 have not supported the prosecution case 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- Rahul Kumar Yadav, involved in Case Crime No.170 of 2018, under Sections 498-A, 304-B/34, 323, 504 I.P.C and 3/4 D.P. Act, P.S. Kanth, District Moradabad 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 :- 6.8.2022
G.S
Digitally signed by GHAN SHYAM Date: 2022.08.11 12:23:38 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case of dowry death.
Whether the prosecution witnesses supported the prosecution version regarding dowry demand.
Rahul Kumar Yadav
Subhash Chandra Sharma
Ghan Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
