Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15866 of 2021 Applicant :- Ramveer Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard Mr. Radhey Shyam Verma, learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, applicant-Ramveer, who is involved in Case Crime No. 868 of 2020, under sections 498-A, 304-B IPC and section 3/4 of Dowry Prohibition Act, Police Station Loni Border, district Ghaziabad, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, complainant, who is father of the deceased, has lodged first information report dated 01.10.2020 in respect of an incident which is alleged to have been taken place on 30.09.2020 against Rahul (husband) and other in-laws of the deceased, alleging inter alia therein that marriage of his daughter was solemnized on 17.02.2019 with co-accused Rahul, (son of the applicant). Thereafter, from the wedlock of the deceased and co-accused Rahul, a male child was also born on 26.12.2019, but on account of additional demand of dowry, the deceased was being harassed in her matrimonial home. On 30.09.2020 at 11.30 p.m. his daughter was tried to commit suicide. Thereafter, she was admitted in Safdarjang Hospital.
It is argued by learned counsel for the applicant that the applicant, who is father-in-law of the deceased, has been falsely implicated in this case. The name of husband of the deceased, namely, Rahul has been specifically mentioned in the FIR, but there is a vague description in so far it relates to the other accused persons wherein he had addressed them as other in-laws of the deceased. It is further submitted by the learned counsel for the applicant that allegations mentioned in the FIR are general in nature. No specific role has been attributed to the applicant. It is next argued by the learned counsel for the applicant that it is admitted case of the prosecution that the deceased had tried to commit suicide and she was admitted in Safdarjang Hospital, where she died during her treatment. As per post-mortem examination report of the deceased, only one ligature mark on her body was found and cause of death as opined by the doctor is asphyxia as a result of hanging. It is also urged by the learned counsel for the applicant that there is no dying declaration of the deceased. It is also submitted by the learned counsel for the applicant that the case of present applicant is distinguishable from the case of co-accused Rahul, who is husband of the deceased. Learned counsel for the applicant pointed out that co-accused Smt. Mahendri, who is wife of the applicant and mother-in-law of the deceased has already been granted bail by co- ordinate Bench of this Court vide order dated 26.03.2021 in Criminal Misc. Bail Application No. 13784 of 2021. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 25.12.2020. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant, but does not dispute that there is no specific allegation against the applicant.
After having heard the argument of learned counsel for the applicant, I find that the cause of death of the deceased is hanging. There is no injury has been found except ligature mark on the body of the deceased. No specific role has been attributed to the applicant, who is father-in-law of the deceased and co-accused Smt. Mahendri, who is mother-in-law of the deceased has already been granted bail by co-ordinate Bench of this Court as mentioned above. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Ramveer, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(1) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(2) That 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(3) That after his release, the applicant shall not involve in any criminal activity.
(4) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(6) 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.
In case of breach of any of the above conditions, the court concerned will be at liberty to cancel the bail and send the applicant to prison. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 7.10.2021 Sazia