High Court allowed bail to Achal Singh in a dowry death case. The applicant, father-in-law of the deceased, was given bail on personal bond and sureties, subject to standard conditions against tampering with evidence.
Released on bail on furnishing a personal bond and two sureties each.
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Neutral Citation No. - 2023:AHC:127030
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18911 of 2023
Applicant :- Achal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
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. 41 of 2023, under Sections 498-A, 304-B of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Chatta, District Agra 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. Applicant is the father in law of the deceased-Priti who was married with the son of the applicant prior to three years of the incident. It is submitted that only general allegations are levelled against all the family members of the applicant and in the first information report it is not specifically mentioned that which demand was made by the applicant and other members. It is submitted that during post mortem report except ligature mark no other injury was found on the person of the deceased and the hyoid bone was found to be intact. It is further submitted that applicant is languishing in jail since 28.03.2023 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 and argued that the deceased died within seven years of her marriage in the house of the appellant under suspicious circumstances.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Achal Singh in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4). 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 16.6.2023 Mohit
Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, facing charges of dowry death, has made out a case for bail.
Achal Singh
Hon'ble Mayank Kumar Jain,J.
Mohit Kumar Kushwaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
