Saddam Vs State of U.P.

Neutral Citation No. - 2023:AHC:169199

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36679 of 2023

Applicant :- Saddam Opposite Party :- State of U.P. Counsel for Applicant :- Som Veer Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.59 of 2022 at Police Station-Ramgarh, DistrictFirozabad under Section 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act. The applicant is in jail since 14.02.2022.

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The bail application of the applicant was rejected by the learned trial court on 27.07.2022.

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The following arguments made by Shri Som Veer, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

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The applicant is the husband of the deceased.

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The applicant never harassed the deceased nor did he demand dowry.

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The applicant is bereaved by the death of his wife.

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The deceased was depressed as her marriage with the applicant was fixed by her parents against

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her wishes. She had another love interest.

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On the fateful day, she succumbed to depression on account of the failure of the said relationship to materialize into marriage and took the extreme step of ending her life. She committed suicide by hanging. 6. The post mortem report opines that the cause of death is asphyxia due to antemortem hanging.

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Injuries depicted in the post mortem report consistent with hanging are:

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(i). Ligature mark around the neck is hard and brownish in colour. On dissection of ligature mark is white glistering subcutaneous tissue and at the margin of ligature mark there is bruising with ecchymosis.

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(ii). No abnormality was detected in the hyoid bone.

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P.W. 1, first informant who is brother of the deceased, P.W. 2 who is mother of the deceased and P.W. 3 who is the brother-in-law of the deceased have repudiated the prosecution case before the trial court.

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The applicant did not abet or instigate the deceased to commit suicide.

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The applicant is a law abiding citizen who cooperated in the investigations and has joined the trial proceedings.

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The trial is moving at a snail's pace and shows no

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signs of an early conclusion. The applicant is not responsible for the delay in the trial.

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Inordinate delay in the trial will lead to indefinite imprisonment of the applicant without any evidence to implicate him in the offence. Right of the applicant to a speedy trial has been violated.

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The applicant does not have any criminal history apart from the instant case.

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The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Saddam 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 below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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Order Date :- 22.8.2023 Vandit

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Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad

Saddam v. State of U.P.

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Saddam v. State of U.P.

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