Allowed

Ramsurat @ Jangali v. State of U.P.

Allahabad HC30 Nov 2022BAIL/54350/2022

Case brief

AI extract

What is this about?

Court allowed bail to applicant, a father-in-law of the deceased in a dowry death case. The court found no role for the applicant in the suicide and no specific evidence linking him to dowry demands or torture.

What did the court decide?

Released on bail by furnishing a personal bond and two reliable sureties subject to conditions of appearing in court and not tampering with witnesses.

Ramsurat @ Jangali Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2022)

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54350 of 2022

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Applicant :- Ramsurat @ Jangali Opposite Party :- State of U.P. Counsel for Applicant :- Akhil Ranjan Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This bail application has been filed by the applicant seeking bail in Case Crime No. 224 of 2022, under Sections 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, Police Station Mahuadeeh, District Deoria, during pendency of trial.

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Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.

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Learned counsel for the applicant has next submitted that applicant is the father-in-law of the deceased and his son Rajan Prasad was married to the deceased on 11.05.2022. After the marriage, applicant has never made any demand of additional dowry either from the deceased or her family members nor tortured her, maltreated her or subjected her to cruelty for the non-fulfillment of the same.

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Learned counsel for the applicant has next submitted that on the basis of general and vague allegation, instant FIR has been lodged against the applicant and the applicant, being father-in-law of the deceased, has been falsely implicated in the present case.

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Learned counsel for the applicant has next drawn the attention of the Court to the post-mortem report, wherein the Doctor has noted the cause of death to be asphyxia as a result of ante-mortem hanging and except a ligature mark, there is no other injury mark on the person of the deceased.

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Learned counsel for the applicant has next submitted that in fact, victim wanted to marry some other boy, however, her family members had forcibly got her married to the applicant's son, against her wishes and as such, in utter frustration, she has committed suicide by hanging herself, in which, applicant has absolutely no role to play and also, there is no specific allegation against the applicant.

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Learned counsel for the applicant has next submitted that the applicant is in jail since 28.08.2022 and has no criminal history to his credit. The charge-sheet has already been submitted and there is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he may be released on bail.

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Per contra, learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that applicant is the father-in-law of the deceased and except general and vague allegation, no specific allegation has been made against the applicant.

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Having considered the rival submissions made by learned counsel for the parties and on perusal of the record, it is evident that the applicant is the father-in-law of the deceased and after the marriage, he had never made any demand of additional dowry either from the deceased or her family members nor tortured her, maltreated her or subjected her to cruelty for the non-fulfillment of the same. On the basis of general and vague allegation, instant FIR has been lodged against the applicant and the applicant, being father-in-law of the deceased, has been falsely implicated in the present case.

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As per the post-mortem report, Doctor has noted the cause of death to be asphyxia as a result of ante-mortem hanging and except a ligature mark, there is no other injury mark on the person of the deceased. In fact, victim wanted to marry some other boy, however, her family members had forcibly got her married to the applicant's son, against her wishes and as such, in utter frustration, she has committed suicide by hanging herself, in which, applicant has absolutely no role to play.

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Furthermore, the applicant is in jail since 28.08.2022 and has no criminal history to his credit. The charge-sheet has already been submitted and there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.

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In view of the aforesaid facts and circumstances, I am of the view that the applicant has made out a case for bail. Let the applicant Ramsurat @ Jangali be released on bail in the aforesaid case on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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The applicant shall not tamper with the witnesses.

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The applicant shall not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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The bail application is accordingly allowed. Order Date :- 30.11.2022 Nadim

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Digitally signed by NADIM ALAM Date: 2022.11.30 12:22:44 IST Reason: Location: High Court of Judicature at Allahabad

Ramsurat @ Jangali v. State of U.P.

Case brief

What is this about?

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Ramsurat @ Jangali v. State of U.P.

Case brief

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