Single judge allowed bail to an applicant accused of dowry death under Sections 498A and 304B IPC and Dowry Prohibition Act. The court noted the pending FSL report and lack of specific alleged harassment immediately prior to the incident.
Applicant released on bail furnishing personal bond and two sureties of Rs.20,000/- each.
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Neutral Citation No. - 2024:AHC-LKO:18969
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 120 of 2023
Applicant :- Anjesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. Counsel for Applicant :- Saurabh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2 . The applicant seeks enlargement on bail in FIR No.207 of 2022, under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station Lambhua, District Sultanpur.
3 . In terms of the FIR, it was alleged that the daughter of the informant was married to the applicant on 16.12.2020 and sufficient dowry was also given. Subsequently on 12.06.2020, an information was received that she has died.
4 . It is argued by the Counsel for the applicant that in the postmortem report, the cause of death could not be ascertained and no injury was observed over the body of the deceased. The viscera was preserved.
5. Learned A.G.A. vehemently opposed the bail prayer by arguing that the FSL report with regard to the examination of viscera has not yet come.
6. Considering the statements and the postmortem report on record and there is no specific statement against the applicant to suggest that soon before her death, the victim was subjected to any physical or mental harassment in relation to any demand of dowry coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 15.06.2022, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .
7. Let the applicant Anjesh be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following
conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 1.3.2024 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to bail in a case alleging dowry death where the FSL report on viscera is pending.
Whether the absence of specific allegations of harassment immediately before death justifies bail.
2 provisions across 2 enactments
Anjesh
State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko.
Pankaj Bhatia
Ashok Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
