Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11207 of 2018 Applicant :- Babadeen Chauhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Sri Abrar Ahmad Siddiqui, Advocate has put in appearance on behalf of the complainant, his appearance is taken on record.
This is an application for bail on behalf of Babadeen Chauhan in connection with Case Crime No. 231 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Phulpur, District Allahabad.
Heard Sri Satyendra Narayan Singh, learned counsel for the applicant, Sri Abrar Ahmad Siddiqui, learned counsel for the complainant and Sri Indrajeet Singh Yadav, learned AGA along with Sri Kulveer Singh, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that the applicant is the father-in-law; that there are general allegations against the entire family; that there is no specific allegation against the applicant; that the cause and explanation for the deceased to commit suicide are spelt out in paragraph no. 11 of the affidavit; that the husband is in jail; that the applicant is an old man of 65 years as asserted in paragraph no. 13 of the affidavit who cannot be expected to indulge in a crime of violence of this kind; that the learned counsel for the applicant has invited the attention of the Court to the inquest report, in particular, at the page no. 25 of the paper book where it has been recorded by the Naib Tehsildar carrying out the inquest that he found the room of the deceased locked from within that he got opened with the aid of the natives of the village present and in the presence of the police where he found the deceased hanging and relieved the body; and, that the applicant who is otherwise a respectable man with no criminal history is in jail since 10.08.2017.
Sri Abrar Ahmad Siddiqui, learned counsel for the complainant has vehemently opposed the prayer for bail with the submission that it is a case of an unnatural death of a wife within seven years of marriage in the four walls of her matrimonial home with a background of dowry demand. He further points out that the cause and explanation for the deceased to commit suicide is very unsavoury and does not behove the father-in-law to some up with allegations of the kind mentioned there; and, that it is a case of strangulation where the deceased has been done to death.
At this stage, in a limited rejoinder, the learned counsel for the applicant points out that in the post-mortem report the cause of death is ante-mortem hanging which excludes a case of strangulation and makes it one of suicide, more so when the body was found hanging in a room locked within.
Learned AGA has also opposed the prayer for bail adopting the submissions of the learned counsel for the complainant.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the relationship of the applicant to the deceased and the fact that the deceased was found in a room locked from within wherefrom the dead body was relieved by the Naib Tehsildar and the police but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
It is made clear that anything said in this order will not prejudice the case of either side on merits at the trial and the trial court will be absolutely free to record its won conclusion beased on evidence led at the trial.
Accordingly, the bail application stands allowed.
Let the applicant Babadeen Chauhan involved in Case Crime No. 231 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Phulpur, District Allahabad be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 28.3.2018 Deepak