Ravi Singh Vs State of U.P. Thru. Secy. Home Deptt. U.P… — Dowry and Cruelty | Allahabad HC (2024)

Ravi Singh Vs State of U.P. Thru. Secy. Home Deptt. U.P… — Dowry and Cruelty | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Applicant Ravi Singh to be released on bail in FIR No.0245 of 2023 on furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of the court concerned, subject to conditions: (a) bond to attend hearings; (b) not to commit any similar offence; (c) not to directly or indirectly induce, threaten or promise any person acquainted with the facts so as to dissuade disclosure to the Court or police, or tamper with evidence.

Issue for consideration

Whether the applicant, husband-accused in FIR No.0245 of 2023 under Sections 498A, 304B IPC and Sections 3/4 of the Dowry Prohibition Act, is entitled to be enlarged on bail. +1 more

Court's answer

The applicant is entitled to be enlarged on bail, considering that the prima facie allegation of invoking Section 304B IPC is primarily missing, the father-in-law and mother-in-law have been enlarged on bail, the applicant has no criminal antecedent, and he is in custody since 28.10.2023.

Ratio / Principle

The prima facie allegation of invoking Section 304B IPC was treated as primarily missing, which weighed in favour of grant of bail.

Detailed headnote1 paragraphs

Bail — grant of. Criminal Misc. Bail Application No. 1248 of 2024 (High Court of Judicature at Allahabad, Lucknow Bench; Pankaj Bhatia, J.; order dated 7.2.2024). Bail allowed to applicant Ravi Singh, husband-accused in FIR No. 0245 of 2023, P.S. Chowk, District Lucknow, under Sections 498A, 304B IPC and Sections 3/4 of the Dowry Prohibition Act, arising after the daughter of the informant consumed poison and died by suicide, the FIR alleging she was being harassed for dowry and on the basis of religion. Grant rested on: the prima facie allegation of invoking Section 304B IPC being primarily missing; the father-in-law and mother-in-law having already been enlarged on bail; the applicant having no criminal antecedent; and custody since 28.10.2023. Release directed on a personal bond with two sureties of Rs. 20,000/- each, with conditions to attend hearings, refrain from similar offences, and abstain from inducement, threat, promise or tampering with evidence. Counsel noted the marriage was a love marriage solemnized under the Special Marriage Act, with the couple having earlier sought protection in Criminal Misc. Writ Petition No. 1916 of 2022.

Neutral Citation No. - 2024:AHC-LKO:11039

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1248 of 2024

Applicant :- Ravi Singh Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Civil Sectt. Lko. Counsel for Applicant :- Vinay Kumar,Sanjay Shukla Counsel for Opposite Party :- G.A.

Hon'ble Pankaj Bhatia,J.

1. Heard learned counsel for the applicant, learned AGA; Shri R.P.S. Chauhan, learned counsel for the informant and perused the record.

2. The applicant seeks enlargement on bail in FIR No.0245 of 2023, under Section 498A, 304B IPC & Section 3/4 of Dowry Prohibition Act, P.S. Chowk, District Lucknow.

3. In terms of the FIR, it was alleged that the daughter of the informant was abducted on 03.04.2022. Subsequently, the victim stated that she was a major and had come out of her own freewill. It was also stated that the daughter of the informant was being harassed for dowry and on the basis of religion also. Subsequently, the daughter of the informant consumed poison and died by committing suicide.

4. In the light of the said allegation, the submission of counsel for the applicant is that it was a love marriage and the couple had also approached this Court by filing Criminal Misc. Writ Petition No.1916 of 2022 seeking protection. The marriage was solemnized as per the Special Marriage Act; a certificate is on record as Annexure - 2. He argues that apart from a bald statement in the FIR, there was no assertion that the applicant had harassed the victim either mentally or physically in relation to demand of dowry soon before her death.

4. Learned AGA has opposed the bail application.

5. Considering the prima-facie allegation of invoking Section 304B IPC primarily missing coupled with the fact that father-inlaw and mother-in-law have been enlarged on bail and the applicant has no criminal antecedent and he is in custody since 28.10.2023, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

6. Let the applicant Ravi Singh be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties

of Rs.20,000/- each to the satisfaction of 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 :- 7.2.2024

nishant

Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench