Allowed

Bhriguram Mishra v. State of U.P.

Allahabad HC12 May 2023BAIL/59920/2022

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Bhriguram Mishra, a 70-year-old infirm father-in-law accused in a murder case involving dowry allegations. The bail was granted due to his age, health conditions, and prolonged custody, despite pending trial charges.

What did the court decide?

Released on bail by furnishing personal bond and two sureties to the satisfaction of the court.

Bhriguram Mishra Vs State of U.P. — Domestic Violence | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:104275

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59920 of 2022

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Applicant :- Bhriguram Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Lochan Dwivedi,Brij Lal Shukla Counsel for Opposite Party :- G.A.,Mohd. Afzal,Satyendra Nath Tiwari

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Hon'ble Sameer Jain,J.

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Heard Sri Brij Lal Shukla, learned counsel for the applicant, Sri Mohd. Afzal, learned counsel for the informant and Sri Suresh Bahadur Singh, learned AGA-I for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 141 of 2022, under Sections 498-A, 304-B, 323, 504, 201 IPC & 3/4 D.P. Act, Police StationBariyarpur, District- Deoria, 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 and according to the FIR, marriage of the son of the applicant was performed with the daughter of the informant on 20.4.2016 and after marriage, his daughter was continuously being harassed by the applicant and his family members for want of dowry and on 10.8.2022, they committed her murder and disposed off her body.

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Learned counsel for the applicant submitted that entire allegations made against the applicant is totally false and baseless and only being father-in-law, applicant has been made accused in the present matter and actually applicant neither tortured the deceased nor he ever demanded any dowry and on the basis of vague allegation of demand of dowry, FIR of the present case was lodged. He further submitted that actually deceased died due to illness and thereafter informant side was informed and after receiving information, they arrived and participated in the funeral proceeding and after a day, after due consultation, FIR of the present case was lodged on the basis of totally false and frivolous allegation.

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He further submitted that applicant is the father-in-law of the deceased and he is 70 years' old and infirm person suffering with number of ailments and number of medicines are being given to him in the jail and this fact has specifically been averred by the applicant in paragraph no. 60 of the affidavit. He further submitted that mother-in-law of the deceased i.e. Manju Mishra has already released on bail by co-ordinate bench of this Court vide order dated 28.4.2023 passed in Criminal Misc. Bail Application No. 57754 of 2022. He further submitted that applicant is in jail, in the present matter, since 10.8.2022, therefore, he should be released on bail.

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Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for bail and submitted that applicant is the father-in-law of the deceased and his involvement in the present matter, is evident as without informing the informant of the case, the dead body of the deceased was disposed off and there is also allegation of demand of dowry and daughter-in-law of the applicant died within 7 years of her marriage under abnormal circumstances but could not dispute the fact that applicant is the father-in-law and is old aged person and mother-in-law of the deceased has already released on bail.

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However, learned counsel for the informant further pointed out that while granting bail to mother-in-law, co-ordinate bench of this Court specifically observed that on the basis of bail order of mother-in-law, other accused persons will not seek parity.

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

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Applicant is the father-in-law of the deceased and his daughterin-law died within 7 years of her marriage and there is also allegation of demand of dowry and although, as per defense, deceased died due to illness but as there is no post-mortem of the deceased on record and her dead body has been disposed off, therefore, it appears she died under abnormal circumstances.

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Applicant is 70 years' old and infirm person and he is in jail, in the present matter, since 10.8.2022 i.e. for last about more than 9 months and mother-in-law of the deceased has already released on bail, therefore, considering the fact that applicant is father-in-law, who is old and infirm person and he is continuously being medically treated in the jail and is in jail for last about nine months, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of

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the case, the instant bail application is allowed .

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Let the applicant- Bhriguram Mishra 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 anti-social 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 :- 12.5.2023

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KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Bhriguram Mishra v. State of U.P.

Case brief

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Bhriguram Mishra v. State of U.P.

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