In Criminal Misc. Bail Application No. 6607 of 2023, the Allahabad High Court (Court No. 83) heard an application for bail in a dowry death case. The applicant pleaded false implication and FIR delay. The court observed that injuries were sustained at the applicant's house and rejected the bail application, directing trial to conclude within one year.
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Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6607 of 2023
Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Abhilasha Singh,Ashutosh Yadav,Shyam Lal Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel has stated that the applicant has nothing to do with the said offence. The FIR is delayed by about 17 days and there is no explanation of the said delay caused. Even it is delayed by four days after the death of the deceased person. Learned counsel has next stated that as far as the FIR No. 211 of 2019 is concerned, the victim and her father had already given their affidavits to the authorities, whereby they had stated that the applicant and other co-accused persons have been falsely nominated. It is next stated that it was the applicant, who had admitted the deceased at Apex Hospital, Agra, which stands supported by the medical report of the deceased filed with supplementary affidavit as SA-1. Learned counsel has argued that the cause of death is septicemia as a result of partial hanging. Learned counsel has also placed reliance on the death summary of the deceased person, which categorically indicates that the victim was admitted at the hospital with alleged history of hanging on 31.7.2019 at 8.00 am and the patient was received intubated with ET tube in situ, and she had later on undergone cardiopulmonary arrest. Despite applying CPR and other frantic efforts being taken up, she could not be revived and declared dead on 13.8.2019 at 11.20 pm. Learned counsel has also stated that the deceased was unconscious during her complete investigation, as such, no dying declaration could be recorded. As such, the applicant is entitled for bail on the ground of delay in lodging the FIR. Learned counsel has also stated that all expenses of treatment of the deceased were undertaken by the applicant as is evident from Annexure-12 filed with the bail application, whereby an amount of Rs. 23 thousand has been paid by the applicant. Learned counsel has next stated that the applicant has no criminal history except the said FIR No. 211 of 2019 lodged by the daughter of the informant (deceased) herself.
victim could not be conscious of her surroundings. Learned A.G.A. has further stated that the cause of death is septicemia as a result of ante-mortem partial hanging. Learned A.G.A. has stated that it is a settled law that if a patient dies of toxemia and septicemia as a result of injuries sustained, then the offence under Section 302 IPC is made out. Herein, although the offence is under Section 304-B IPC, which lies on a lower pedestal, the offence against the applicant is made out. Learned A.G.A. has further stated that the deceased had sustained injuries to which she had succumbed later on within the precincts of the house of the applicant and the onus lies on him to explain as to the reason why she sustained injuries. The defense of the applicant that it was the deceased who had tried to commit suicide, cannot be believed. Learned A.G.A. has next stated that had it been so, the applicant himself had ample opportunity to lodge an FIR or to report it to the authorities, which is absent. Learned A.G.A. has next stated that the delay in lodging the FIR is but natural as the informant was busy in the treatment of his daughter and also in her last rites. Learned A.G.A. has stated that the applicant has not produced any record to suggest as to the status of the trial.
Order Date :- 24.2.2023 Shalini
Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant in a case alleging dowry death under Sections 498A and 304-B IPC.
3 provisions across 1 enactments
Sonu
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
