Bail application filed by the father-in-law of the deceased in a case of alleged dowry death and cruelty. Court allowed bail noting lack of overt acts from applicant, separate residence, and bail granted to co-accused, subject to standard conditions.
Applicant released on bail by furnishing a personal bond with two sureties subject to conditions.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7056 of 2022
Applicant :- Riyazuddin Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Yadav,Chandan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
Heard Shri Saurabh Yadav, learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused/ applicant- Riyazuddin for grant of bail, in Case Crime No. 160 of 2021, under Sections 304B,498-A IPC and Section 3/4 Dowry Prohibition Act, Police Station Sevarhi, District Kushinagar, during trial.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution.
It is further submitted that the applicant is the father-in-law of the deceased and he was living separately with his elder son Nazir Alam, as such he was not having any concern with the affairs of the deceased and her husband Parvez Alam.
It is further submitted that admittedly, the injuries on the person of the deceased have been inflicted by her husband Parvez Alam. A tangi "sharp edged weapon" and blood stained bed sheet is also shown to have been recovered on the pointing of co-accused Parvez Alam from the house where the
main accused Parvez Alam was living with the deceased and, therefore, the applicant is not having any concern with the incident.
It is further submitted that general allegations of demand of dowry and committing cruelty in lieu thereof have been levelled in the postmortem report and in the statement of the prosecution witnesses against all the named accused persons in the FIR and no overt act or specific allegation has been levelled against the applicant. It is also submitted that 'devar of the deceased, namely, Nesar @ Nisar Alam @ Munna and Nazir Alam (jeth of the deceased) having identical role in the commission of the crime, have been granted bail by the co-ordinate Benches of this Court vide orders dated 16.12.2021 and 3.12.2021 respectively passed in Criminal Misc. Bail Application Nos.38479 of 2021 and 47101 of 2021.
It is also submitted that applicant is in jail in this case since 23.06.2021 and he is not having any previous criminal history. Charge-sheet in this case has already been submitted under Sections 498A,304-B IPC and Section 3/4 Dowry Prohibition Act and there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty.
Learned A.G.A., however, opposes the prayer of bail of the applicant on the ground that within three months of the marriage, the deceased has been done to death and the applicant has committed heinous offence, and, therefore, he is
not entitled to be released on bail, but could not confront with regard to the fact that identically placed co-accused persons have been granted bail by the co-ordinate Benches of this Court.
Having heard learned counsel for the parties and having perused the record, it is transpired that in the first information report general allegations of demanding a Swift Dzire car has been attributed to all the accused persons named therein and no specific role or overt act has been assigned to the instant applicant. Applicant is the father-in-law of the deceased.
It is vehemently submitted by the learned counsel for the applicant that applicant was residing in a separate house with his elder son Nazir Alam who has been granted bail by the co-ordinate Bench of this Court. The husband of the deceased, namely, Parvez Alam has confessed his guilt and on his pointing out a tangi "sharp edged weapon" and blood stained bed sheet have been recovered from from a the house where the deceased and her husband (Parvez Alam) was residing.
Applicant is in jail in this case since 23.6.2021 without any criminal antecedents. Charge-sheet in this case has also been submitted and the presence of the applicant could be secured before the trial court by placing adequate conditions.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion
on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed .
Let the accused/applicant- Riyazuddin involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.
Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case.
Order Date :- 22.4.2022 M. Tarik
Digitally signed by MOHD TARIK Date: 2022.04.22 17:00:45 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 involving dowry death and cruelty under Sections 304B, 498-A IPC and Dowry Prohibition Act.
Whether the applicant, being the father-in-law and living separately, has made out a case for bail given the nature of the offence and evidence.
Riyazuddin
State of U.P.
Mohd. Faiz Alam Khan
As recorded by the court registry
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