In a bail application under Sections 498-A, 304-B IPC and Dowry Prohibition Act regarding a wife's suicide, the court allowed bail noting the delay in lodging the FIR, lack of injuries on the deceased, and claimed false implication by the applicant.
Release on bail by furnishing personal bond and two sureties in such amount as the court concerned thinks fit.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32172 of 2022
Applicant :- Anil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Pratap Yadav Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case for making demand of dowry and harassment of the deceased who was his wedded wife and committed suicide by hanging in his house. Further submitted that information regarding suicide was given by the applicant to the members of the family of the deceased at which they came there and attended the last rites of the deceased. Father, brother and cousin of the deceased were also present at the time of inquest and post-mortem of the deceased, thereafter cremation was conducted in their presence but later on, a false story of the demand of dowry and harassment was concocted by the informant and false F.I.R. was lodged after delay of three months from the date of incident without any explanation thereto. Deceased was suffering from depression that was the reason she committed suicide by hanging. No any injury was found on the person of the deceased to infer that she was subjected to harassment by this applicant, therefore, no offence is made out against this applicant. He is languishing in jail since 18.7.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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, delay in lodging the F.I.R. 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 Anil Kumar involved in Case Crime No. 103 of 2020, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Dubauliya, District Basti 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 :- 15.9.2022 A. Singh
Digitally signed by ANURAG SINGH Date: 2022.09.19 17:42:35 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant falsely implicated in a dowry death case alleging suicide due to depression.
Whether the delay in lodging the FIR and lack of injuries on the deceased justify granting bail.
2 provisions across 2 enactments
Anil Kumar
Hon'ble Subhash Chandra Sharma
A. Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
