Sachin Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. — Dowry and Cruelty | Allahabad HC (2024)

Sachin Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. — Dowry and Cruelty | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Applicant Sachin to be released on bail in FIR/Case Crime No.49 of 2024 on furnishing personal bonds and two reliable 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 make any inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court or police or tamper with the evidence.

Issue for consideration

Whether the applicant, husband of the deceased and accused in FIR/Case Crime No.49 of 2024 under Sections 498-A, 304-B IPC and Section 3/4 of the Dowry Prohibition Act, is entitled to be released on bail.

Court's answer

There is no specific material against the applicant to demonstrate that soon before the death the deceased was subjected to any physical or mental harassment in relation to demand of dowry at the instance of the applicant.

Ratio / Principle

Considering the post mortem report showing ante mortem hanging, the absence of specific material of dowry-related harassment soon before death, the applicant's custody since 27.2.2024 and his having no criminal history, and without expressing any opinion on merits, the applicant is entitled to be released on bail.

Detailed headnote1 paragraphs

Bail granted — Dowry death case (Sections 498-A, 304-B IPC; Section 3/4 Dowry Prohibition Act), FIR/Case Crime No.49 of 2024, PS Hanswar, District Ambedkar Nagar. Post mortem showed cause of death as Asphyxia due to ante mortem hanging with only a ligature mark and no other injury. The Court found no specific material demonstrating that soon before the death the deceased was subjected to physical or mental harassment in relation to demand of dowry at the instance of the applicant (husband of the deceased), who was in custody since 27.2.2024 with no criminal history. Bail allowed without expressing any opinion on merits, on personal bonds and two reliable sureties of Rs.20,000/- each, with conditions to attend hearings, refrain from similar offences, and not to tamper with evidence or dissuade witnesses.

Neutral Citation No. - 2024:AHC-LKO:55906

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5096 of 2024

Applicant :- Sachin

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A.,Umesh Singh

Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the applicant, Shri Umesh Singh, learned counsel for the respondent complainant as well as learned A.G.A. and perused the record.

Counter afÏdavit filed on behalf of the respondent/complainant is taken on record.

In terms of the F.I.R., it was alleged that the daughter of the informant was married to the applicant in May, 2021 and sufÏcient dowry was also given. However, the matrimonial family used to ask for more dowry and ultimately on 26.2.2024, the daughter of the informant was hanged to death by the matrimonial family.

Learned counsel for the applicant has drawn my attention to the post mortem report which reveals the cause of death as Asphyxia due to ante mortem hanging and apart from ligature mark, no other injury was noticed on the body of the deceased. The applicant is the husband of the deceased.Hence, the applicant who is in jail since 27.2.2024 having no criminal history, may be released on bail.

Learned A.G.A. opposed the prayer for bail by arguing that considering the nature of the offence, the bail application deserves to be rejected.

Considering the post mortem report and the cause of death is ante mortem hanging and there being no specific material against the applicant to demonstrate that soon before the death, the

deceased was subjected to any physical or mental harassment in relation to demand of dowry at the instance of the applicant, the applicant is in custody since 27.2.2024 having no criminal history and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

Accordingly, the bail application is allowed.

Let the applicant Sachin be released on bail in FIR/ Case Crime No.49 of 2024, under Sections 498-A, 304-B I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Hanswar, District Ambedkar Nagar 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 ofÏcer or tamper with the evidence.

Order Date :- 13.8.2024

Shukla

Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench