Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2673 of 2019 Applicant :- Mahaveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Supplementary affidavit filed by learned counsel for applicant today in the Court, is taken on record.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for committing dowry death of his wife with general allegations being husband of deceased; that as per averments made in F.I.R. lodged after 13 days of alleged incident by Omprakash, his daughter Soni was married to applicant about 05 years back and since after marriage she was being treated with cruelty for non fulfilment of demand of Colour TV LED, Motorcycle and Gold Chain and on 14.1.2018, cousin sister of deceased informed telephonically that Soni has sustained burn injuries, upon which he came to Hallet Hospital and at about 2:00 a.m. in night she died and it came to his knowledge that applicant and deceased had gone to the place of Mausi of applicant on the occasion of birthday and Makar Sankranti and under conspiracy, caused burns to deceased and he suspects involvement of husband and in-laws of deceased in causing her dowry death; that entire prosecution story is absolutely false and incorrect; that no specific role has been assigned to applicant regarding demand of dowry or treating deceased with cruelty for non-fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that marriage between applicant and deceased did take place on 29.11.2011 and on fateful day of 14th January, 2018, there was lunch on the occasion of Makar Sankranti at the place of his Mausi, where all persons of family were gathered and saari of deceased accidentally caught fire, resulting in sustaining of deep superficial burns and despite taking her to hospital for saving her life, she breathed her last; that it is highly improbable that one would cause dowry death of his wife at the place of his Mausi; that this a case of accidental burns and despite the fact that first informant was present at the time of preparation of inquest report, he lodged F.I.R. upon deliberations after inordinate delay of 13 days; that co-accused Dilip and Sri Ram have been granted bail by another Benches of this Court vide orders dated 17.7.2018 and 27.9.2018 passed in Criminal Misc. Bail Application Nos. 26443 of 2018 and 36924 of 2018, copies filed at Annexure No.7; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 29.1.2018.
Learned A.G.A. vehemently opposed the prayer of bail in this case of dowry death within 7 years of marriage.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Mahaveer be released on bail in Case Crime No.25 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, P.S.Govind Nagar, District Kanpur Nagar on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.2.2019 Tamang