Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27296 of 2021 Applicant :- Gokul Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Pathak,Arvind Kumar Tewari Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Sanjay Pathak, learned counsel for the applicant, Sri S.B. Maurya, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Gokul Yadav, seeking enlargement on bail during trial in connection with Case Crime No.72 of 2021, under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, registered at Police Station Robertsganj, District Sonebhadra.
The prosecution case as per FIR lodged on 04.02.2021 under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act by Sitaram Yadav against the applicant and nine other accused persons and other family members to be involved is that the marriage of the sister of the first informant was solemnized with the applicant Gokul Yadav on 13.05.2018. In the marriage gifts were given and Rs.1 lakh and a motorcycle and articles of house-hold were given. His sister was discharging her duties as a wife but the accused persons started demanding Rs.2 lakhs as dowry. The accused persons were counseled but they did not stop their demand. On 02.02.2021 at about 5 p.m., the applicant informed the first informant that Sarita has died and he should take the dead-body. The first informant then informed the police on 112 number and reached the place of occurrence and found that his sister Sarita has died by pressing of her neck. The accused persons have murdered due to non-fulfillment of demand of dowry.
Learned counsel for the applicant argued that although the applicant is the husband of the deceased but has been falsely implicated in the present case. It is argued that on 02.02.2021, the first informant gave an information to the police which was recorded in G.D. No.60 at 21-24 hours informing about his sister Sarita dying after hanging herself. In the said information, there is no whisper of any demand of dowry whatsoever or any torture or harassment of the deceased in her matrimonial house. Subsequently after two days, the present FIR has been registered which is having a concocted version. The deceased committed suicide and died which is suggestive from the postmortem report wherein the doctor has found single ligature mark of injury on her body and the cause of death opined is asphyxia as result of ante-mortem hanging. The conduct of the applicant is above board as it was he who informed the family members of the deceased after she committed suicide. It is further argued that the deceased was pressurizing the applicant to live away from his parents in her matrimonial house which was refused by the applicant and as such she committed suicide, para 7 of the affidavit has been placed to buttress the said argument. The falsity of the present case is apparent from the fact that in the FIR as many as ten accused persons have been named but the police has submitted charge sheet only against the applicant, father-in-law Munna Yadav and mother-in-law of the deceased Smt. Viphani Devi but has exonerated seven other co-accused persons. The applicant is not involved in the present case. It has also been pointed out that the applicant is not having any criminal history as stated in para 4 of the affidavit and is in jail since 06.02.2021.
Per contra learned A.G.A vehemently opposed the prayer for bail and argued that the applicant is the husband of the deceased. The marriage of the deceased was solemnized on 13.05.2018 with the applicant. The incident in the present case is of 2.2.2021 which is within three years of marriage. The death of the deceased is unnatural in her matrimonial house. There is no explanation coming from the side of the applicant regarding death of his wife in her matrimonial house. The applicant is involved in the present case.
After hearing the counsel for the parties and perusing the record, it is apparent that the applicant is the husband of the deceased. The deceased died in her matrimonial house within three years of her marriage. There are allegations against the applicant and other family members. The reason as being stated for suicide in para 7 of the affidavit does not inspire confidence.
Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal, J.) Order Date :- 6.10.2021 Gaurav