The single judge allowed a bail application filed by a challenging his implication in a case concerning suicide of his daughter-in-law under Sections 498A, 306 IPC, and Dowry Prohibition Act, granting bail subject to standard conditions.
Release on bail upon furnishing a personal bond and two heavy local sureties.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59927 of 2022
Applicant :- Bhagwat Narayan Opposite Party :- State of U.P. Counsel for Applicant :- Syed Mohammad Abbas Abdy,Arshi Abdy
Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No253 of 2020 under Sections 498A, 306 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali, District Jhansi.
Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is the father-in-law of the deceased, who was granted anticipatory bail till the submission of police report. The applicant never demanded dowry or did he torture the deceased. In fact, the marriage of the deceased took place prior to nine years of the incident and that the applicant never interfered in the domestic life of the deceased and her husband. The applicant is bereaved by the death of her daughter-in-law and prays for peace of the departed soul. However, for the purpose of the bail application, it is submitted that the deceased was a temperamental lady who was prone to extreme reactions even on trivial issues. On the fateful day apparently after minor disagreement with her husband, the deceased committed suicide in a fit of rage by hanging herself. The cause of death recorded in the post mortem report is asphyxia due to ante mortem hanging.The applicant did not abet or instigate the deceased to commit the suicide.The applicant does not have any criminal history apart from the instant case. The applicant is not a flight risk.The applicant is a law abiding citizen who has cooperated with the police investigation and shall join the trial proceeding. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. He next submits that the co-accused persons namely, Ashwani Kumar, Naresh Kumar Verma, Babita have already been enlarged on bail vide orders dated
17.11.2020, 21.01.2021, 12.04.2021 and 05.10.2020 passed in Criminal Misc. Bail Application Nos. 34246 of 2020, 4261 of 2021, 14476 of 2021, copies of which orders have been annexed as Annexure-9, 10, 11 to the affidavit accompanying the bail application. The applicant is in jail since 09.11.2022.
Learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.
Let applicant Bhagwat Narayan involved in Case Crime No. 253 of 2020 under Sections 498A, 306 I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Kotwalli, District Jhansi, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
A. The applicant shall not tamper with the evidence during the trial.
B. The applicant shall not pressurize/ intimidate the prosecution witness.
C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected.
E. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.
Order Date :- 9.1.2023 S.Ali
Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the facts and circumstances of the case made out a case for the grant of bail to the applicant.
Bhagwat Narayan
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
