In a bail application under CrPC in a case of suicide alleging dowry death, the High Court allowed the plea, citing the vague FIR, lack of prima facie need for custody, and the applicant's clean antecedents.
Bail granted subject to personal bond, two heavy sureties, and conditions including not tampering with evidence or influencing witnesses.
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Neutral Citation No. - 2023:AHC:176711
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36473 of 2023
Applicant :- Samarth Vashisth Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Tiwari Counsel for Opposite Party :- G.A.,Vinay Kumar Tripathi
Hon'ble Rajeev Misra,J.
at the spot. Thereafter, the dead body of the deceased was recovered and the proceedings of inquest commenced. In the opinion of the witnesses of inquest (panch-witnesses) the nature of death of the deceased was characterized as suicidal. Thereafter the post mortem of the body of the deceased was conducted. The doctor who conducted autopsy of the body of deceased found following ante-mortem injuries on her body:-
(i) Secretion mark from mouth Lt side of check.
(ii) Ligature mark of 23X2 cm present on front of neck,--on cut section of ligature mark - white, mark from right ear - 3 cm, from chin - 6 cm, & from Lt ear 5 cm.
months from the date of marriage of the applicant with the deceased. The bona fide of the applicant is further explicit from the fact that except for the ligature mark no other ante-mortem injury was found on the body of the deceased. The deceased was a short tempered lady and she took an extreme step of terminating her life by committing suicide. The death of the deceased is a suicidal death. Attention of the Court was then invited to the F.I.R. and on the basis thereof, he submits that only allegation made in the FIR against the applicant is that cruelty was committed upon the deceased in pursuit of the demand of dowry. The learned counsel for applicant contends that the said allegations made in the F.I.R. is simply vague and bald. The same is devoid of material particulars. Reliance has been placed upon the judgment of the Supreme Court in Kahkashan kausar Vs. State of Bihar, (2022) 6 SCC 599 in support of above. He thus contends that in the absence of material particulars with regard to the manner and time regarding alleged demand of additional dowry the said allegation is liable to be ignored by this Court. Even otherwise applicant is a man of clean antecedents inasmuch as he has no criminal history to his credit except the present one. Applicant is in jail since 07.03.2023. As such he has undergone six months of incarceration. The police report in terms of Section 173(2) Cr.P.C. has already been submitted. Therefore the entire evidence sought to be relied upon by the prosecution against the applicant stands crystallized. Considering the nature of the case, it is submitted by the learned counsel for the applicant that applicant is not liable to be awarded the maximum sentence prescribed for Section 304-B IPC. On the cumulative strength of above, it is thus urged that the 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 cooperate with the trial.
result of ante-mortem hanging, the bona fide of the applicant is explicit from the fact that except for the ligature mark no other ante-mortem injury was found on the body of the deceased, the allegations made in the F.I.R. with regard to commission of cruelty upon the deceased is pursuit of demand of dowry are not worthy of reliance at this stage inasmuch as the same are devoid of material particulars, the anomaly occurring in the F.I.R. as noted above has not been explained by the first informant in his statement under Section 161 Cr.P.C., the clean antecedents of the applicant, the period of incarceration undergone, considering the nature and gravity of offence, the applicant is not liable to be awarded the maximum under Section 304(B) IPC, the police report in terms of Section 173(2) Cr.P.C. has already been submitted, therefore the entire evidence sought to be relied upon by the prosecution against the applicant stands crystallized, however in spite of above the learned A.G.A. and learned counsel for the first informant could not point out any such circumstance from the record necessitating the custodial arrest of the applicant during the pendency of trial, the clean antecedents of the applicant, the period of incarceration undergone, but without making any comments on the merits of the case the applicant has made out a case for bail.
i. The applicant will not tamper with the evidence during the trial.
ii. The applicant will not pressurize/ intimidate the prosecution witness.
iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
ix. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
x. 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 officer or tamper with the evidence.
Order Date :- 6.9.2023 Aiman
Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant, accused in a dowry death case, is entitled to bail after undergoing six months of incarceration.
Whether the allegations in the FIR regarding dowry demand are vague and devoid of material particulars warranting bail.
Colour shows how this judgement treated each authority
Kahkashan Kausar Vs. State of BiharRelied on¶17
Kahkashan kausar Vs. State of Bihar, (2022) 6 SCC 599 · Who else cites this
5 provisions across 3 enactments
Samarth Vashisth
State of U.P.
Rajeev Misra
Aiman Farooqui
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
