Single Judge Court allowed bail to the applicant, uncle-in-law of deceased in a dowry death case, noting false implication, lack of criminal history, and pandemic-induced jail overcrowding. Release granted on personal bond and sureties.
Applicant released on bail with 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. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3855 of 2022
Applicant :- Chhotey Lal @ Sardar Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Prasad Maurya Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Rajendra Prasad Maurya, learned counsel for the applicant and learned AGA for the State.
A first information report was lodged against the applicant as Case Crime No. 308 of 2021 at Police Station- Baberu, District- Banda under Sections 498A, 304-B, 316 I.P.C. and Section 3/4 D.P. Act.
The bail application of the applicant was rejected by learned Sessions Judge, Banda, on 22.12.2021.
The applicant is in jail since 09.10.2021, pursuant to the said F.I.R.
Shri Rajendra Prasad Maurya, learned counsel for applicant contends that the applicant has been falsely implicated in the instant case. The applicant is the uncle-in-law of the deceased. The deceased and her husband had strained relations. The applicant had no concern or involvement in the married life of the deceased and her husband. The applicant did not torture the victim nor did he make any demand of dowry. The fact that the victim committed suicide is corroborated by the postmortem report. The
postmortem report opines the cause of death as asphyxia due to antemortem hanging. There is no antemortem injury on the body of the deceased. The applicant did not abet or instigate the deceased to commit suicide. The deceased was an obstinate and a temperamental lady. She was prone to extreme reactions even in minor matrimonial issues. These tendencies drove her to commit suicide. The role of the applicant is completely distinguishable from that of the husband and other immediate family members. According to the learned counsel for the applicant, a practice has developed in matrimonial disputes of falsely roping in all family members in the criminal case regardless of their involvement in the matter out of vindictiveness. Apart from the instant case the applicant does not have any criminal history. 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 Paritosh Kumar Malviya, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA for the State does not dispute the fact that the applicant does not have any criminal history apart from the instant 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 the learned counsel for the applicant and 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- Chhotey Lal @ Sardar be released on bail in Case Crime No. 308 of 2021 at Police StationBaberu, District- Banda under Sections 498A, 304-B, 316 I.P.C. and Section 3/4 D.P. Act on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 11.2.2022 Dhananjai
Digitally signed by DHANANJAI Date: 2022.02.15 09:37:41 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant, a non-resident family member falsely implicated in a dowry death case, is entitled to bail considering lack of criminal history and jail overcrowding.
Whether the allegations of false implication and strained relations between the deceased and her husband warrant release on bail.
Whether the conditions of personal bond and sureties are appropriate for the applicant's release.
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisonsReferred¶12
2 provisions across 2 enactments
Chhotey Lal @ Sardar
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
