Allowed

Babloo v. State of U.P.

Allahabad HC17 Apr 2023BAIL/9395/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the bail application of a laborer accused in a dowry death case. The court noted the lack of specific dowry demands, evidence of suicide, and the absence of prior criminal history as factors favoring bail without expressing an opinion on the merits.

What did the court decide?

The applicant Babloo released on bail on furnishing a personal bond and two sureties subject to standard bail conditions.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9395 of 2023

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Applicant :- Babloo Opposite Party :- State of U.P. Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Mohd. Zafar, Advocate holding brief of Sri Shahroze Khan, learned counsel for the applicant and Sri Ravi Kant Kushwaha, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 159 of 2022, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, Police Station Itwa, District Siddharth Nagar during pendency of the trial.

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FIR of the present case was lodged against applicant and his other family members and according to the FIR marriage of the applicant was performed with the deceased about one and half years before and applicant and his family members used to torture her for want of additional dowry and on 02.10.2022 informant received an information that his daughter i.e. wife of the applicant was murdered by the applicant and his family members.

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Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and deceased, the wife of applicant, was not murdered but she committed suicide and this fact is evident from the post mortem report, which shows that she died due to asphyxia as a result of ante mortem hanging and her hyoid bone was also found intact. He further submits that in the FIR although it is alleged that for want of additional demand, applicant used to torture the wife but no specific demand has been disclosed in the FIR and in the statements of other witnesses and this fact clearly suggests that entire story narrated by the informant in the FIR is totally false.

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He next submits that applicant is poor labour, who did the job of labour in Mumbai and he was not having any separate residence, therefore, he could not live with the deceased, his wife, in Mumbai but his wife always insisted to live with the applicant in Mumbai

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and only due to this reason under depression and anger she committed suicide and thereafter a false FIR was lodged by the informant. He further submits that applicant being husband of the deceased was made accused in the present matter but he also lost his wife and he is not having any criminal history and in the present matter he is in jail since 04.10.2022.

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Per contra, learned AGA opposed the prayer for bail and submitted that within one and half year of marriage deceased, the wife of applicant, died under abnormal circumstances and there is also demand of additional dowry but he could not dispute the fact that from the post mortem it appears that deceased committed suicide and neither in the FIR nor in the statements of witnesses recorded during investigation it could be disclosed by them that what was the additional demand of dowry and in paragraph-22 of the affidavit applicant has taken a specific defence that as he is labour and he resides in Bombay and deceased his wife wanted to live with him but he was unable to live with deceased, therefore, she committed suicide.

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

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Although, applicant is husband and his wife died within one and half years from her marriage under abnormal circumstances but there is no specific demand of dowry and in the FIR and in the statements of witnesses it is only mentioned that she was subjected to cruelty by applicant and his family members for additional dowry but what was the demand of dowry it was not disclosed.

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Further, from the perusal of the post mortem it appears that deceased died due to asphyxia as a result of hanging and her hyoid bone was found intact, therefore, it appears that she committed suicide and applicant has taken a specific stand that he is labour and is residing in Mumbai and he was not having sufficient income to live with deceased in Mumbai and therefore, in depression she committed suicide.

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Therefore, from the discussion made above, in view of this Court, it is a fit case to release the applicant 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 - Babloo be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like

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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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Order Date :- 17.4.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Babloo v. State of U.P.

Case brief

What is this about?

What did the court decide?

Babloo v. State of U.P.

Case brief

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