In a bail application for charges of dowry harassment and attempted murder, the court granted bail despite the applicant's criminal history, noting the delayed medical examination and non-life-threatening nature of injuries.
Released on bail by furnishing a personal bond and two sureties on conditions to appear in court and not tamper with evidence.
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. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57752 of 2022
Applicant :- Dabeer Khan Opposite Party :- State of U.P. Counsel for Applicant :- Preet Pal Singh Rathore Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Preet Pal Singh Rathore, learned counsel for the applicant and Sri Amit Kumar Shukla, learned Brief Holder, for the State.
The instant bail application has been moved on behalf of the applicant with the prayer to release him on bail in Case Crime No.196 of 2022, under Sections 498-A and 307 IPC and Section 3/4 Dowry Prohibition Act, Police Station Ushait, District Budaun during pendency of the trial.
Applicant is the husband of the informant and there is allegation against him that he along with his mother made assault upon his wife .i.e., the informant due to want of dowry and he pressed her neck with intention to commit her murder.
Learned counsel for the applicant submits that entire allegation made against the applicant is totally false and baseless and he is husband of the informant and some matrimonial dispute arose between them and he has falsely been implicated in the present matter along with his family members. He further submits that incident is said to have taken place on 17.7.2022 but the informant could only be medically examined on 2.8.2022, i.e., after about two weeks and as per medical report dated 2.8.2022 she was having one old injury on her neck and, therefore, it cannot be said that this injury was result of the alleged assault dated 17.10.2022.
He next submitted that from the injury report it could not be
reflected that the injury sustained to her was dangerous to life . He further submits that although applicant is having criminal history of four cases but he has explained his criminal history in paragraph-17 to the affidavit filed in support of the present bail application. He further submitted that applicant is in jail in the present matter since 17.10.2022.
Per contra, learned AGA opposed the prayer for bail and submitted that applicant is the husband of the informant and it was his responsibility to provide safety to her but he tortured her for want of dowry and made assault and there is specific allegation against the applicant that he pressed the neck of the victim, i.e., the informant but he could not dispute the fact that she was medically examined after about two weeks and her injury appears to be not dangerous to life.
I have heard learned counsel for the parties and perused the record of the case.
Although applicant is the husband of the victim and there is allegation against him that he along with his family members tortured the victim, i.e., the informant of the case for want of dowry and he also tried to commit her murder by pressing her neck but the victim, who is the wife of applicant, was medically examined after two weeks and her injury report does not suggest that her injury can be categorized as dangerous to life.
Although applicant is having criminal history of three other cases but he has explained his criminal history in paragraph-17 to the affidavit filed in support of the present bail application and he is in jail in the present matter since 17.10.2022.
Therefore, from the discussions made above, in my view, applicant is entitled to be released on bail.
Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
Let the applicant- Dabeer Khan be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and antisocial activity.
In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
Order Date :- 8.2.2023 SKM
Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a charge sheet case under Sections 498-A IPC, 307 IPC, and Dowry Prohibition Act.
Dabeer Khan
State of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
