Court rejected bail application in dowry death case. Held that despite applicant's clean antecedents and post-FIR delay, failure to disprove charges via Section 113B and grave nature of offence precluded bail during pendency of trial.
Bail application rejected.
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Neutral Citation No. - 2023:AHC:195958
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35860 of 2023
Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Abhilasha Singh,Ashutosh Yadav Counsel for Opposite Party :- G.A.,Saurabh Sachan
Hon'ble Rajeev Misra,J.
01.02.2023 which was registered as Case Crime No.26 of 2023 under Sections 498A, 304B, 323, 504 I.P.C. and Sections 3/4 Dowry Prohibition Act, Police Station-Hayatnagar, DistrictSambhal. In the aforesaid F.I.R. four persons namely Dayawati (Mother in law), Kavita (Nanad), Ankit (Devar) and Sonu (applicant herein)/husband of the deceased have been nominated as named accused.
" i. 4.1 cm abrated contusion present on the left side of neck, just below the mandible.
ii. 30 x 1 cm Ligature mark present on the neck, 6 cm below the Rt. ear, 3 cm. below the left ear no gap present in the ligature mark, 5 cm below the chin on dissection subcutaneous tissue shown effusion of blood (injury no.1 ) iii. 1x 05 cm abrasion on the left clavicle.
iv. 1 x 05 cm abrasion present on the left palm (dorsal aspect).
161 Cr.P.C. Witnesses so examined have substantially supported the F.I.R. On the basis of above and other material collected by Investigating Officer during the course of investigation, he came to the conclusion that complicity of only two of the named accused namely applicant Sonu (husband) and Dayawati (mother-in-law of deceased) is established in the crime in question. He accordingly submitted the charge-sheet dated 13.04.2023 whereby above mentioned named accused have been charge sheeted under Sections 498A, 304B, 323, 504 I.P.C. and Sections 3/4 Dowry Prohibition Act whereas the other two named accused have been exculpated.
therefore submits that applicant is liable to be enlarged on bail. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail and shall co-operate with the trial.
applicant could not dislodge the submission urged by the learned A.G.A., therefore, irrespective of the varied submissions urged by the learned counsel for applicants in support of the present application for bail, this Court does not find any good or sufficient ground to enlarge the applicant on bail.
Order Date :- 11.10.2023 YK
Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant, charged with dowry death and cruelty causing her death to his wife and in custody, is entitled to bail.
Whether the learned counsel for the applicant successfully discharged the burden of explaining the circumstances of the unnatural death under Section 113B of the Evidence Act.
4 provisions across 3 enactments
Sonu
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Rajeev Misra
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