Single judge allowed bail to the accused father-in-law charged with offences under Sections 498A, 304B IPC and D.P. Act, noting no specific incriminating evidence against him despite serious allegations of dowry death.
Release on bail with personal bonds and two sureties of Rs. 20,000/- each under specified conditions.
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Neutral Citation No. - 2024:AHC-LKO:50234
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7841 of 2024
Applicant :- Deshraj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
Counsel for Applicant :- Rajesh Kumar Tiwari,Narvind Kumar Singh 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.804 of 2023, under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station Bchhrawan, District Raebareli.
3 . In terms of the FIR, it was alleged that the daughter of the informant was married to the son of the applicant around 3 years ago and sufficient dowry was also given. However, on 16.11.2023, the entire matrimonial family had killed by burning her. The postmortem report on record indicates the cause of death due to ante mortem burn injury.
4 . Learned Counsel for the applicant draws my attention to the inquest report where the relative of the deceased were also present at the time of inquest and no allegation were levelled.
5. Learned A.G.A. vehemently opposed the bail prayer.
6. Considering the fact that the postmortem report and the inquest report on record coupled with the statements, prima facie, do not suggest any specific role against the applicant, who is the father in law, to have subjected to harass the victim physically or mentally soon before the death in relation to the demand of dowry coupled with the fact that the applicant is aged about 55 years and has no criminal antecedents and is languishing in jail since 06.12.2023, 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 Deshraj 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 :- 25.7.2024 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to release on bail considering the prima facie view that he played no specific role in the incident.
2 provisions across 2 enactments
Deshraj
State Of U.P.
Pankaj Bhatia
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
