The Allahabad High Court granted bail to the applicant in a dowry-death case involving IPC 498-A and 304-B. The court noted that key prosecution witnesses had become hostile and the applicant had been in custody since June 2022, constituting a new cause of action.
The applicant is released on bail on personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:5851
Court No. - 21
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9104 of 2023
Applicant :- Yunus @ Gulab Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumari Tiwari,Sumit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Brij Raj Singh,J.
1. Heard Sri Sumit Kumar Srivastava, learned counsel for the applicant and Sri Vishwas Saraswat, learned A.G.A. for the State.
2. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.310 of 2022 under sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Kotwali Dehat, District Bahraich.
3. This is second bail application as the first bail application bearing Criminal Misc. Bail Application No. 11688 of 2022 was rejected by this Court on 17.03.2023. Learned counsel for the applicant has submitted that after rejection of first bail application, witnesses have been examined and they have not supported the prosecution case, therefore second cause of action has arisen, as such the second bail application has been filed by the applicant.
4. Learned counsel for the applicant has invited attention of this Court towards the statement of Islam Khan (P.W.1), who is brother of the deceased. In his statement before the Court, he has stated that there was no dispute regarding dowry at the time of marriage. He further deposed that his sister did not apprise to family members that applicant and his family demanded dowry and no grievance regarding harassment was ever raised by her. She was living peacefully, however, she was suffering from some illness that is why she consumed some drugs and died. Similarly, Indrish Khan (P.W.-2) father of the deceased and Safeena Begum ( P.W.-3) Nand of the deceased have been declared hostile and they have also
not supported the prosecution case before the trial court. Learned counsel for the applicant has submitted that after looking into the statement of family members of the deceased, it cannot be inferred that the applicant has committed crime. The applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tempering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is in jail since 18.06.2022.
5. On the other hand, learned A.G.A. though opposed the prayer for bail but could not dispute the fact that family members i.e. Islam Khan (P.W.-1),Indrish Khan ( P.W.-2) and Safeena Begum ( P.W.-3) have been declared hostile
6. Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and looking into overall facts and circumstances of the case as well as the argument that Islam Khan (P.W.-1), who is brother of the deceased, Indrish Khan ( P.W.-2) father of the deceased and Safeena Begum ( P.W.-3) Nand of the deceased have become hostile and the applicant is in jail for more than one and half years, therefore, I am of the opinion that the applicant is entitled to be released on bail.
7. Let the applicant, namely, Yunus @ Gulab , be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails
to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order.
Order Date :- 19.1.2024 dk/
Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to bail in a dowry-death case where key prosecution witnesses have been declared hostile.
Whether the applicant can be released on bail after being in custody for over a year in a second bail application.
7 provisions across 3 enactments
Yunus @ Gulab
State Of U.P. Thru. Prin. Secy. Home Lko.
Brij Raj Singh
As recorded by the court registry
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