Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8157 of 2019 Applicant :- Pravin Kumar @ Rinku Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahendra Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant has been falsely implicated for dowry death with general allegations being husband of the deceased; that no specific role has been assigned to the applicant regarding demand of dowry or treating the 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 as per averments made in FIR lodged by deceased Kiran Devi herself under Sections 323, 498-A, 504, 506, IPC and 3/4 D.P. Act on 14.9.2017 on her application dated 11.9.2017 to S.P., Chandauli, she was married to applicant on 20.5.2013 and was being treated with cruelty for non-fulfilment of demand of dowry by her husband and her in-laws and between 20.5.2017 to 14.9.2017 she was beaten with kicks, fists and shoes resulting in grievous injuries to her intestines for which she is under treatment in Maxwell hospital, Varanasi and undergone surgery with swelling even after surgery; that deceased has died on 16.10.2017 during treatment and her postmortem report states that she died due to septicaemia and shock and there was no external injury on her body except surgery marks and septicaemia and shock may be due to open colostomy wound; that upon death of Kiran offence under Section 304-B, IPC was added against applicant; that in his statement under Section 161, Cr.P.C. father of first informant (deceased) has stated that after being beaten by her husband he fetched his daughter Kiran about one and half year back; that since deceased was detained in her Mayka on the pretext of her treatment and she was deliberately not coming back to perform marital obligations, applicant had filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act on 8.4.2016 of which summon was personally served on deceased on 2.7.2016, copy of petition filed at Annexure-4; that since deceased was in her Mayka since before 8.4.2016, question of causing her injuries by applicant in Sasural of deceased between 20.5.2017 to 14.9.2017 does not arise; that death of deceased has not taken place at the house of applicant rather has taken place during her stay at Mayka, during treatment in hospital due to septicaemia and shock; that no offence under Section 304-B, IPC is made out against applicant; that applicant has no criminal history; that applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 15.4.2018.
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 the complicity of accused, severity of punishment 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 the applicant Pravin Kumar @ Rinku be released on bail in Case Crime No. 55 of 2017, under Sections 323, 504, 506, 498A, 304B, I.P.C. and 3/4 D.P. Act, P.S. Naugarh, District Chandauli, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the 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 :- 26.2.2019 T. Sinha