The Single Judge denied bail to an applicant accused under Sections 498-A and 304-B of IPC and the D. P. Act. The court held that the case was not fit for bail because the deceased died under suspicious circumstances within one and a half months of marriage at the applicant's house.
Bail application rejected; applicant remains in custody.
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. - 12630 of 2023
Applicant :- Shakir Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Wasim Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Supplementary affidavit filed on behalf applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 350 of 2022, under Sections 498-A,304-B of IPC, and 3/4 D. P. Act, Police Station Charthawal, District Muzaffar Nagar 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 being husband of the deceased Sana. It is further submitted that marriage of Sana (deceased) was performed with the applicant one years and half months back of the incident. On 12.10.2022, she committed suicide by hanging herself. It is further submitted that applicant never demanded any dowry from the deceased or her parent. In this regard no complaint was ever made either by the deceased or her parents prior to the incident. It is further submitted that after six months of marriage, on 21.10.2022 applicant went to Dubai for his job and then his wife went to her parental house. Thereafter, on 02.09.2022, applicant returned to India from Dubai. Thereafter, the wife of applicant (deceased) came to her in-laws' house and they were living happily. When Sana (deceased) came to know that her husband again about to go to Dubai on 12.11.2022, she got annoyed and on 12.10.2022 she committed suicide. It is further submitted that as per the postmortem report, cause of death was asphyxia as a result of antemortem hanging. It is further submitted that applicant is languishing in jail since 15.10.2022 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 has opposed the prayer for grant of bail by contending that Sana (deceased) died under suspicious circumstances within one year and half months of her marriage in the house of applicant. At the time of incident, the applicant was very much present at his house. It is further contended that independent witnesses Harun Tyagi and Galib Tyagi in their statements recorded under Section 161 Cr.P.C. stated that applicant alongwith his family members used to torture the Sana (deceased) by demanding additional dowry from her.
Considering the rival submissions of learned counsel for the parties, nature of allegations, gravity of offence and the fact that Sana (deceased) died within one year and half months of her marriage at the house of the applicant under suspicious circumstances, I do not find it a fit case for bail. Hence, the bail application is hereby rejected.
Any observation made above shall not be treated as any finding on the merits of the case and shall not prejudice the trial in any manner.
Order Date :- 5.5.2023 AKT
Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad
3 issues framed by the court
Whether the application seeking enlargement on bail under Sections 498-A and 304-B of IPC should be granted given the nature of allegations and circumstances.
Whether the fact that the deceased died under suspicious circumstances shortly after marriage precludes bail.
Whether the applicant is a fit person for bail considering the gravity of the charges and lack of criminal history.
2 provisions across 2 enactments
Shakir
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
