Allowed

Ashish v. State of U.P.

Allahabad HC8 May 2023BAIL/18954/2023

Case brief

AI extract

What is this about?

In a bail application concerning charges of dowry harassment and death, the Allahabad High Court allowed the release of the accused on bail. The court held that since the parents of the deceased declared themselves hostile and could not establish the ingredients of the offence, the accused made out a prima facie case for bail.

What did the court decide?

Released on bail on personal bond and two sureties subject to conditions including cooperation in trial and non-interference with witnesses.

Ashish Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:102075

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18954 of 2023

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Applicant :- Ashish Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant and learned Additional Government Advocate representing the State.

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The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 335 of 2022, under Sections 498-A, 304-B I.P.C. and Sections 3/4 D.P. Act, Police Station-Souron, District-Kasganj, during the pendency of trial.

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As per the prosecution case in brief, informantNirotam Singh has lodged an F.I.R. on 18.08.2022 against Ashish (present applicant), Sukhveer Singh, Niresh Devi and Vishambar with the allegation inter-alia that marriage of his daughter Bhawna (hereinafter referred to as 'deceased') was solemnized on 10.05.2022 with the present applicant and he had spent Rs. 10,00,000/approximately in the said marriage but after the marriage, accused persons started harassing his daughter by making additional demand of dowry. On 05.08.2022, accused persons badly beaten his daughter and also tried to strangle her and thereafter they fled away from the house. On the said information, he along with other associates reached the matrimonial house of his daughter and deceased was taken to Kalawati Hospital, Kasganj from where she was referred to Varun Hospital, Aligarh but during treatment, she died.

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It is argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. Referring the medical prescription, it is submitted that the deceased was admitted in the District Hospital, Kasganj and he made his full effort to save her life. He had also paid the

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expenses incurred in the treatment of the deceased. It is also pointed out that before the trial court, statement of informant Narrotam (father of the deceased) and Aneeta Devi (mother of the deceased) was recorded as PW-1 and PW-2 on 11.04.2023 and 20.04.2023 but they have not supported the prosecution case and completely denied the incident in the manner alleged in the F.I.R., therefore, they have been declared hostile. He further submits that in the light of statement of PW-1 and PW-2, there is bleak chance of conviction of the applicant who is languishing in jail since 11.10.2022 having no criminal history to his credit, therefore, he may be enlarged on bail. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.

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Per contra learned A.G.A. opposed the prayer for bail of the applicant by contending that the applicant is husband of the deceased. Deceased died within short span of her marriage, therefore, presumption under Section 113-B of Evidence Act shall be drawn against him but he does not dispute the fact that father and mother of the victim did not support the prosecution case.

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Having heard learned counsel for the parties and examined the matter in its entirety, I find that though in the F.I.R. allegation of demand of dowry, harassment and torture has been levelled against the applicant but both father and mother of the deceased did not support the prosecution case as mentioned in the F.I.R. and they have been declared hostile as they could not establish the basic ingredients to constitute an offence under Section 498-A, 304-B I.P.C. and Sections 3/4 Dowry Prohibition Act, therefore, applicant has made out prima-facie case for bail.

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Hence, the bail application is hereby allowed .

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Let the applicant- Ashish , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.

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(ii) That 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 ofÏcer or tamper with the evidence.

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(iii) That after his release, the applicant shall not involve in any criminal activity.

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(iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.

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In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.

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However, it is made clear that observations made in this order is confined to the issue of bail and shall not affect the merit of the trial.

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Order Date :- 8.5.2023 Saurabh

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Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad

Ashish v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashish v. State of U.P.

Case brief

What is this about?

What did the court decide?

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