Allowed

Hari Shankar Singh Alias Sonu Singh v. State of U.P. through the Principal Seccretary, Home Department, Civil Secretariat, Lucknow

Allahabad HC18 Jul 2023/31/2022

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh dismissed a bail application challenging the grant of bail in a dowry death case based on hostile statement of the deceased's father, holding there was no reason to deny bail.

What did the court decide?

Applicant released on bail with personal bond and two reliable sureties, undertaking to attend hearings, not commit similar offences, and not interfere with evidence.

Hari Shankar Singh Alias Sonu Singh Vs State of U.P… — Dowry and Cruelty | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:46854

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31 of 2022

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Applicant :- Hari Shankar Singh Alias Sonu Singh Opposite Party :- State Of U.P. Through The Principal Seccretary, Home Department, Civil Secretariat, Lucknow Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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The accused-applicant seeks bail in Case Crime No.162 of 2021 under sections 498-A, 304-B, 201 IPC and section 3/4 D.P. Act, P.S. Raje Sultanpur, District Ambedkar Nagar.

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The first information report was lodged by the sister of the deceased alleging that her sister was used to harass for demand of dowry. It was also alleged that the marriage in question took place four years ago. The allegations were also levelled that the deceased was harassed for non-payment of dowry, as a result whereof the deceased died on account of physical injuries and strangulation. It was also alleged that in a hurry, the maternal family was trying to burn the corpse alleging the same, an FIR was lodged. The inquest report on record clearly demonstrates that the deceased was being burnt and the last rites were being performed and the body, at the time of inquest was on pyre and was sustained and burnt. It was taken down from pyre and thereafter the postmortem was conducted. The postmortem on record demonstrates the cause of death as antemortem burn injuries.

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It is argued that prima facie, apart from the statements of the informant who alleged the demand of dowry as well as physical violence on the deceased, there is no evidence to support the said. He further argues that during the course of trial, the father of the informant i.e. father of the deceased has turned hostile and has made a specific statement that no demand of dowry was being made. In the light of the said statement, it is argued that the applicant who is languishing in jail since 10.08.2021 should be enlarged on bail.

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Learned AGA, on the other hand, opposes the bail application by arguing that the allegations with regard to demand of dowry are on record. He further draws my attention to the judgment of the Supreme Court in the case of Satbir

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Singh vs. The State of Haryana; Criminal Appeal No.1735 - 1736 of 2010 decided on 28.05.2021 wherein section 304-B IPC came up for interpretation and phrase 'soon before', was interpreted to mean that prosecution must establish existence of "proximate and live link" between the dowry death and cruelty or harassment for dowry demand. In the light of the said judgment, she argues that the bail application should be rejected and also because the statement of the informant is yet to be recorded.

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Considering the submissions made the bar, to establish the offence under section 304-B IPC, prima-facie allegations with regard to demand of dowry and the reason for death should be included in proximity and have to be established by the prosecution and after the said fact is established, the burden shifts on the accused to discharge the burden of presumption as provided under section 304-B IPC. In the present case, considering the statement of the father of the informant and the deceased, who has turned hostile, prima facie there is no reason not to discharge the applicant on bail, more so, as he has no criminal antecedents and there is nothing on record to demonstrate that the applicant, if enlarged on bail, can adversely affect the trial, the applicant is entitled for bail. Thus, the bail application is allowed.

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Let the applicant Hari Shankar Singh Alias Sonu Singh be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court below concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.

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Order Date :- 18.7.2023

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VNP/-

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Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Hari Shankar Singh Alias Sonu Singh v. State of U.P. through the Principal Seccretary, Home Department, Civil Secretariat, Lucknow

Case brief

What is this about?

What did the court decide?

Hari Shankar Singh Alias Sonu Singh v. State of U.P. through the Principal Seccretary, Home Department, Civil Secretariat, Lucknow

Case brief

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What did the court decide?

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