High Court allowed bail to Megh Singh in a matrimonial dispute case involving allegations of cruelty and attempt to suicide under Sections 498A and 307 IPC, citing delay in FIR, contradictions in evidence, and lack of direct interference.
Allowance of bail on furnishing personal bond and two sureties with conditions against tampering and presence in court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4464 of 2023
Applicant :- Megh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 126 of 2022 at Police Station Gabhana, District Aligarh under Sections 498A, 307 I.P.C. and 3/4 of Dowry Prohibition Act. The applicant is in jail since 15.09.2022.
The bail application of the applicant was rejected by learned trial court on 15.09.2022.
The following arguments made by Shri Manoj Kumar Tiwari, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA from the record, entitle the applicant for grant of bail:
(1) The F.I.R. arises out of a matrimonial dispute.
(2). Delay of two months in lodgement of the F.I.R. in the facts and circumstances of this case is fatal to the prosecution case.
(3). The applicant is father-in-law of the victim.
(4). The applicant resides separately from the victim and her husband.
(5). The applicant never interfered in the matrimonial life of the victim and her husband and never harassed the deceased nor did he demand dowry.
(6). As per the prosecution case, the victim had set herself on fire after pouring diesel.
(7). The applicant was nominated in the statement of the victim in which she nominated all members of the family as accused.
(9). As per the medical report, the alleged date and time of the injury was 08:00 PM on 02.02.2022. However, the date and time of medical examination was at 11:00 AM on 19.04.2022.
(10). Medical report cannot be related to the alleged incident.
(8). Material contradictions in the F.I.R. and the statement of the victim discredit the prosecution case.
(11). The applicant was nominated only to harass and humiliate the family of her estranged husband and leverage the criminal case in the matrimonial dispute.
(12). The applicant claims congruency in role and seeks parity in relief granted to the co-accused who has been enlarged on bail by this Court by order dated 12.01.2023 in Criminal Misc. Bail Application No. 57031 of 2022.
(13). The applicant does not have any criminal history apart from this case.
(14). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Megh Singh 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:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 16.2.2023 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail in a case arising out of matrimonial dispute involving allegations of cruelty and attempts to drive a woman to suicide under Sections 498A and 307 IPC?
Whether the delay in lodging the FIR and contradictions in the prosecution evidence justify the grant of bail?
Whether the applicant's status as father-in-law and separate residence负压 his removability as a flight risk?
Colour shows how this judgement treated each authority
Criminal Misc. Bail Application No. 57031 of 2022Referred¶19
2 provisions across 2 enactments
Megh Singh
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
