High Court at Aurangabad granted bail to an accused in a dowry death case under Sections 498A and 304B IPC after the charge-sheet was filed. The court held that further pre-trial detention was not warranted based on the nature of averments and evidence.
Released on bail on execution of P.R. Bond of Rs. 25,000 and surety in the like amount.
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.
( 1 ) cria5991.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 5991 OF 2016
Yogesh Walmik Magar..Applicant
Age. 24 years, Occ. Agri.,
R/o. Anchalgaon, Tq. Vaijapur,
Dist. Aurangabad.
Versus
The State of Maharashtra..Respondent
Mr.R.R. Karpe, Advocate for the applicant.
Mr.S.J. Salgare, APP for respondent/State.
CORAM : A.M. BADAR,J. DATED : 25.10.2016
P.C. :-
1.The applicant/accused in Crime No. I-104 of 2016
registered with Shivoor Police Station, Tal. Vaijapur,
Dist. Aurangabad, for offences punishable under sections
498(A), 304(B) read with section 34 of the Indian Penal
Code, by this application, is praying for releasing him
on bail, after filing of the charge-sheet.
2.Heard learned Counsel for the applicant as well
as learned A.P.P.
3.Learned A.P.P. opposed the application by
contending that within few months of her married life,
Kalpana died because of harassment by her husband i.e.
applicant – Yogesh Walmik Magar and his relatives.
4.I have considered the rival submissions and
perused the charge-sheet. The crime in question is
registered on the basis of report lodged by Kantabai
Bharad on 26.07.2016. She is mother of deceased Kalpana
Yogesh Magar. The F.I.R. itself shows that the marriage
was settled by an agreement to give dowry of gold
ornament weighing one tola and that dowry was paid or
delivered at the time of the marriage of Kalpana with
applicant Yogesh. Requirement of section 304-B of the
Indian Penal Code is harassing or subjecting married
woman to cruelty or on account of demand of dowry and
death of married woman within seven years of her
marriage.
5.So far as allegations of cruelty are concerned,
charge-sheet shows that the applicant/accused was not
liking his wife i.e. deceased Kalpa and he used to utter
that Kalpana is black and dwarf and therefore he does not
like her. Other averments are to the effect that in the
marriage proper hospitalities were not provided and gas
stove was not given. Similarly, there are averments that
the applicant and in-laws were asking Kalpana to bring
amount of Rs.1 lakh. However, what was happened to
( 3 ) cria5991.16
Kalpana on account of this demand is not reflected in the
F.I.R. as well as statements of witnesses. Omnibus
statement that the applicant and his relatives were
harassing her is made. Ultimately, Kalpana died on
26.07.2016 and her dead body was found in a well in the
field.
6.Considering this nature of averments and
evidence against present applicant, after filing of
charge-sheet, his further pre-trial detention is not
warranted. As such the following order :-
O R D E R
i)The application is allowed.
ii)Applicant/accused - Yogesh Walmik Magar, in
Crime No. I-104 of 2016 registered with Shivoor
Police Station, Tal. Vaijapur, Dist. Aurangabad,
for offence punishable under sections 498(A),
304(B) read with section 34 of the Indian Penal
Code, be released on bail on executing P.R.Bond
of Rs.25,000/- [Rupees Twenty Five Thousand] and
on furnishing surety in the like amount.
iii)As a condition of this Order, the
( 4 ) cria5991.16 applicant shall not extend any threat, inducement or promise to the persons acquainted with the facts of the accusation so as to dissuade them from disclosing the same either to the police or the Court.
iv)The applicant shall not tamper the
evidence of the prosecution.
v)The applicant to co-operate the trial Court
in the expeditious disposal of trial against
him.
snk/2016/OCT16/ cria5991.16
3 issues framed by the court
Whether the applicant accused in a Section 498A and 304B case should be released on bail after the filing of the charge-sheet given the nature of allegations.
Whether pre-trial detention is warranted considering the averments of dowry demand and cruelty leading to the death of the wife.
What standard conditions for bail should be imposed in a dowry death case involving potential witness tampering.
2 provisions across 1 enactments
Yogesh Walmik Magar
The State of Maharashtra
A.M. BADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court