The Allahabad High Court rejected a bail application in a case alleging dowry death and culpable homicide. The court held that no case for bail was made out due to the gravity of the offences despite the applicant's claims of innocence and separate residence.
The bail application was rejected; the trial is directed to be concluded within six months.
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.
Neutral Citation No. - 2023:AHC:102890
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12014 of 2023
Applicant :- Ramniwas Opposite Party :- State of U.P. Counsel for Applicant :- Karunesh Narayan Tripathi Counsel for Opposite Party :- G.A.,Krishna Kant Mishra,Vivek Shukla
Hon'ble Mayank Kumar Jain,J.
Heard Sri S.K. Tripathi, Advocate holding brief of Sri K.N. Tripathi learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the informant and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 499 of 2022, under Sections 498-A, 304B of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Bhamora, District Bareilly with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that applicant is the father-in-law of the deceased Priti @ Sharda, who was married with his son Sunil on 14.04.2022. She committed suicide on 20.12.2022. It is further submitted that the applicant was present at the time of inquest proceedings. The site plan discloses that window was broken to enter into the room in which the deceased committed suicide. No other injuries except ligature mark was found on the person of the deceased. Hyoid bone was found intact. It is submitted that applicant was living separately in other house with his elder son and unmarried daughter. It is also submitted that the information of committing suicide by the deceased was given to applicant while he was on duty. It reflects that applicant was not present at the time of incident. It is further submitted that applicant is languishing in jail since 22.12.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate assisted
by learned counsel for the informant has opposed the prayer for grant of bail and argued that deceased died within seven months of her marriage in the house of the applicant under suspicious circumstances. It is submitted that no evidence is filed at this stage which can suggest that applicant was living separately with the deceased and her husband.
Considering the submissions of learned counsel for the parties, nature of allegations and gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that no case for grant of bail is made out. Hence, the bail application is hereby rejected.
Any observation made above shall not be treated as any finding on the merit and shall not prejudice the trial.
However, the trial Court is directed to expedite the trial and conclude it preferably within six months without granting any unnecessary adjournment to either of the parties.
Order Date :- 12.5.2023 Mohit
Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant in a case involving Section 498-A and 304B IPC.
Whether the trial needs to be expedited.
Ramniwas
State of U.P.
Mayank Kumar Jain
Mohit Kumar Kushwaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
