Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10198 of 2021 Applicant :- Ram Bharose Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Raj Mishra Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This anticipatory bail application has been given by the applicant, namely, Ram Bharose in Case Crime No. 379 of 2020, under Sections 498A, 304B I.P.C. and Section 3/4 of the Dowry Prohibition Act, P.S.- Bhuta, District - Bareilly.
The FIR version is that the deceased was married with one Krishna Avtar in April, 2019. Despite the fact that sufficient dowry was given, the husband and the family members were demanding additional dowry and were harassing the deceased on account of non-fulfilment of additional dowry. On the fateful day, the family members and the husband hanged the deceased and an information was received by the informant that his sister had hanged herself. Husband and family members had absconded from their house. Therefore, the first information report was lodged.
Submission of the learned counsel for the applicant is that there is no specific allegation in the FIR what was being demanded in dowry. The fact is that it is a case of suicide and the deceased was in the habit of attempting suicide, which is clear from the report annexed with the bail application at page 31. It has been also submitted that the mother-in-law has been granted anticipatory bail by a co-ordinate Bench of this Court and the bail order is annexed at page 36. Submission is that there is only general allegation and no specific role has been assigned, therefore, a prima-facie case for anticipatory bail is made out in favour of the applicant. It is further submitted that applicant has no criminal history and applicant is prepared to furnish sureties and bonds, there is no possibility of their either fleeing away from the judicial process or tampering with the evidence.
Learned AGA has vehemently opposed the prayed of bail and has submitted that the marriage took place in the year 2019 and at the time of incident, the deceased was pregnant by eight months. It has been also submitted that there was regular demand of dowry and on that count, the deceased has been killed and hanged by the family members and the husband.
Considering the submissions of both the sides. It is pertinent to mention that the case pertains to dowry death. The law of dowry death was enacted to eradicate the evils of dowry and therefore, in such matter, granting anticipatory bail will frustrate the very purpose of law. If it is taken to be correct that the deceased has committed suicide, even suicide come in the purview of dowry death if it is shown that there was harassment of demand of dowry from the side of the accused persons. It needs to be mentioned here that the anticipatory bail is not a substitute of a regular bail and the accused person has to show the extra-ordinary circumstance why he has sought the relief of anticipatory bail. The FIR has been lodged on 27.10.2020 and till then there is nothing on record to show that any serious effort has been made by the police to make arrest of the accused applicant. It shows that there is no real threat of arrest of the applicant.
In view of the above, I do not find any ground for giving benefit of anticipatory bail, hence the anticipatory bail application filed by the applicant is rejected.
Order Date :- 28.7.2021 nd