The High Court allowed the bail application of Aasif accused under Sections 498A IPC and Dowry Prohibition Act. The court found merit in the submission that the applicant is falsely implicated and has no criminal history, considering jail overcrowding.
The applicant is released on bail on furnishing a personal bond and two sureties subject to specified conditions.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34101 of 2021
Applicant :- Aasif Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Vinod Kumar Tripathi, learned counsel assisted by Shri Manoj Kumar Tripathi, learned counsel for the applicant and learned AGA for the State.
A first information report was lodged against the applicant as Case Crime No. 03 of 2021 at Police Station Haldaur District Bijnor under Sections 498A, 304B I.P.C. and Section 3/4 of Dowry Prohibition Act.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge, Bijnor on 13.07.2021.
The applicant is in jail since 19.03.2021 pursuant to the said F.I.R.
Shri Vinod Kumar Tripathi, learned counsel assisted by Shri Manoj Kumar Tripathi, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant and the deceased had got married in the year 2018. The deceased and the applicant had harmonious domestic relations. The deceased was an expectant mother. On
01.11.2020 when the deceased started showing signs of physical discomfort, the applicant promptly rushed her to the hospital for providing best medical attention. The pregnancy period of the victim at the time of her admission in the hospital was about four to five months. She was under treatment at the hospital for four days. However, she passed away immediately thereafter, apparently due to pregnancy related complications. The postmortem report does not depict any antemortem injury. At the time of her death, the following ailments were diagnosed by the doctors who were providing medical care:
"Sepsis with septic Shock, Acute Liver Failure, Jaundice with coagulopathy with Hepatic encephalopathy, Poisoning G2P1L1 with G2P1L1 with intrauterine death, Acute Kidney Failure, Acute Kidney injury".
No forensic science laboratory report has been submitted till date to establish poisoning. The applicant did not torture the deceased nor did he make any demand of dowry. The applicant is bereaved by the death of his wife. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Shri Nafees Ahmad, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Aasif be released on bail in Case Crime No. 03 of 2021 at Police Station Haldaur District Bijnor under Sections 498A, 304B I.P.C. and Section 3/4 of Dowry Prohibition Act, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 22.2.2022
Dhananjai
Digitally signed by DHANANJAI Date: 2022.02.23 17:59:15 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail keeping in mind the submissions regarding false implication and lack of criminal history.
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (c) No. 1/2020Referred¶15
Aasif
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ajay Bhanot
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