This court allowed a bail application filed by a husband accused under Sections 498-A, 304-B IPC, and Dowry Prohibition Act. The deceased wife died from natural causes. The court found a prima facie case for bail.
Released on bail furnishing personal bond and two sureties to the satisfaction of the court concerned.
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Neutral Citation No. - 2023:AHC:114339
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22138 of 2023
Applicant :- Sumit @ Soni Kaushal Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Tiwari,Lalit Kumar Tripathi 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.
The present bail application has been filed on behalf of applicant in Case Crime No. 09 of 2023, under Sections 498-A, 323, 304-B of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Shahganj, District Prayagraj 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 husband of the deceased Shreya Kaushal, who got married with the applicant on 07.07.2022 and she died on 17.01.2023. As per the postmortem report, the cause of death was ascertained as cardio pulmonary arrest due to sepsis in both lungs. It is submitted that after the marriage she suddenly fell ill and she was admitted to the best hospital of Prayagraj from where she was referred to higher centre and as per the statement of the complainant, mother and father of the applicant was also accompanied with the victim to Lucknow but unfortunately on the midway at Raibareilly she died. It is further submitted that applicant is languishing in jail since 06.02.2023 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 around seven months of her marriage in the house of the
applicant. It is further submitted that during the investigation the letter of the deceased was recovered by the Investigating Officer which indicate that the deceased was not comfortable with the applicant and was treated with cruelty.
I have heard learned counsel for the parties and perused the record. As per the postmortem report the immediate cause of death is ascertained due to cardio pulmonary arrest due to sepsis in both lungs, therefore, prima facie it appears that the deceased died as natural death.
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 Sumit @ Soni Kaushal 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.
Any observation made above shall not be treated as any finding on the merit and shall not prejudice the trial.
Order Date :- 24.5.2023
Mohit
Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving Sections 498-A, 304-B IPC and Dowry Prohibition Act.
Sumit @ Soni Kaushal
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
