Allowed

Ram Pal v. State of U.P.

Allahabad HC9 Aug 2023BAIL/59407/2022

Case brief

AI extract

What is this about?

Hon'ble Sameer Jain, J. considered a bail application in a Dowry Death case where the applicant alleged the deceased caught fire accidentally. Relying on the dying declaration that exonerated the applicant, the court granted bail subject to sureties and conditions.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties each in the like amount.

Ram Pal Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:163346

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59407 of 2022

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Applicant :- Ram Pal Opposite Party :- State of U.P. Counsel for Applicant :- Ray Sahab Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Shri Ray Sahab Yadav, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Complaint Case No.10029 of 2010, under Sections 498-A, 304-B I.P.C. & Sections 3/4 D.P. Act, Police Station Erach, District Jhansi, during pendency of the trial in the court below.

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FIR of the present case was lodged against the applicant and his family members in the year 2009 and according to the FIR, marriage of the applicant was performed with the deceased and after marriage, applicant and his family members tortured her and ablazed her for want of dowry.

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Learned counsel for the applicant submitted that the entire allegation made in the FIR against the applicant was totally false and baseless and during investigation when the dying declaration of the deceased was recorded by the Magistrate concerned then she clearly stated that accidently she caught

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fire and due to which, she sustained burn injuries and after that final report was submitted, which was accepted but subsequently against the order passed by the court concerned complainant approached revisional court and matter was remanded and thereafter applicant was summoned in the present matter in the year 2013 and thereafter he preferred a revision before the sessions court but in the year 2015 revision filed by the applicant was dismissed but his counsel did not inform him about the outcome of the revision and therefore, applicant could not appear before the trial court and he was arrested on 25.10.2022 and since then he is in jail.

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Learned counsel for the applicant next submitted that in view of the dying declaration of the deceased, which was recorded by learned Magistrate, no offence is made out against the applicant and therefore applicant may be released on bail.

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Per contra, learned AGA opposed the prayer for bail and submitted that applicant appears to be an absconder and he was arrested after seven years from the date of the dismissal of his revision but could not dispute the fact that in the present matter he is in jail since 25.10.2022 i.e. for about ten months and from the dying declaration of the deceased, which was recorded by a Magistrate, no offence is made out against the applicant.

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I have heard learned counsel for both the parties and perused the record of the case.

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Although it appears that applicant could only be arrested

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after seven years from the date of the dismissal of his revision as earlier in the present matter final report was submitted but from the record, it also reflects that there is dying declaration of the deceased, which was recorded by the Magistrate, in which she categorically stated that accidently she caught fire and due to which, she sustained burn injuries and therefore, it appears, deceased did not make any allegation against the applicant.

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Therefore, considering the entire facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Ram Pal , 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:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(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.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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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.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 9.8.2023 Zafar

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Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

Ram Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ram Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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