High Court of Judicature at Allahabad dismissed Mohit Tiwari's bail application in a dowry death case. The court rejected bail due to Section 113B IPC presumptions, citing dowry allegations, death within seven years, and abnormal circumstances including indicating homicide.
Bail application rejected; applicant denied release on bail pending trial.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14510 of 2023
Applicant :- Mohit Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Anil Kumar Singh, learned counsel for the applicant and Dr.S.B.Maurya, learned AGA-I, for the State.
The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.0067 of 2022, under Sections 498A and 304-B IPC and Section 3/4 Dowry Prohibition Act, Police Station Jamalpur, District Mirzapur during pendency of the trial.
FIR of the present case was lodged against the applicant and his father and according to the FIR, marriage of the applicant was performed with the deceased in June, 2020 and when after marriage deceased arrived at her matrimonial home then applicant and his father tortured her for want of dowry and they demanded jewellery and money and thereafter on 31.7.2022 applicant informed the informant that the deceased died by hanging.
Learned counsel for the applicant submits that entire allegation against the applicant is totally false and baseless and applicant neither demanded any dowry nor he ever tortured the deceased. He further submits that applicant was made accused in the present matter only being husband of the deceased. He further submits that on the fateful day some dispute arose between the applicant and his wife with regard to quality of food which was cooked up by the deceased and thereafter due to anger
deceased committed suicide.
He further submits that applicant is the person, who himself informed the informant about the death of the deceased and this fact shows his bona fide and, therefore, considering the facts and circumstances of the case, applicant may be enlarged on bail.
He further submits that applicant in the present matter is in jail since 4.8.2022.
Per contra, learned AGA opposed the prayer for bail and submits that applicant is the husband of the deceased and his wife died within 7 years of her marriage under abnormal circumstances and there is allegation that the applicant that he along with his father demanded dowry and tortured the deceased in this regard and, therefore, considering the provisions of Section 113B Indian Evidence Act, there is presumption against the applicant and, therefore, he should not be released on bail.
I have heard learned counsel for the parties and perused the record of the case.
Applicant is the husband of the deceased and from the perusal of the FIR it appears that he informed the informant that the deceased, i.e., his wife, by hanging herself committed suicide and as per the Doctor also, it is a case of ante mortem hanging but the post mortem report shows that her hyoid bone was found fractured and this fact suggest that it is a case of homicidal death.
There is allegation of demand of dowry and deceased died within 7 years of her marriage under abnormal circumstances, therefore, in my view, applicant, who is the husband of the deceased, is not entitled to be released on bail.
Accordingly, the instant bail application is rejected. Order Date :- 17.4.2023 SKM
Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to release on bail given the presumption against the husband under Section 113B IPC regarding dowry death.
Whether the allegation of dowry demand and death within seven years of marriage under abnormal circumstances warrants bail rejection.
Whether the fractured hyoid bone indicating homicidal death influences the bail decision in a 498A/304-B IPC case.
1 provisions across 1 enactments
Mohit Tiwari
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
