Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1526 of 2021 Applicant :- Ranveer Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Prashant Verma,Anurag Dubey Counsel for Opposite Party :- G.A.,Sikandar B. Kochar AND Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27967 of 2020 Applicant :- Smt. Dhanshri Opposite Party :- State of U.P.
Counsel for Applicant :- Prashant Verma,Shri Krishan Yadav Counsel for Opposite Party :- G.A.,Sikandar B. Kochar
Hon'ble Om Prakash-VII,J.
Since all the aforementioned bail applications arise out of similar nature of cases, they have been heard together and are being decided of by a common order. Criminal Misc. Bail Application No. 1526 of 2021 is being treated as leading file.
Heard Sri Anurag Dubey, learned counsel for the applicants, Sri Sikandar B. Kochar, learned counsel appearing for the informant and learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. It is further argued that applicants are the parents of the husband of the deceased. They have no concern with the present matter. They were living separately. If entire prosecution case is taken into consideration then also applicants never raised any sort of demand of additional dowry nor caused any cruelty or harassment in connection with the said demand to the deceased. Referring to the contents of the FIR it is also argued that ingredients of offence under Section 304-B IPC is not attracted as what sort of demand of dowry has been made has not been made clear. It was further argued that cause of death is ante mortem hanging. It might be possible that she would have committed the suicide due to rift between the husband and wife. Applicants are in jail since 11.06.2020 having no criminal history. In case applicants are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned counsel appearing for the informant and learned A.G.A. referring to the affidavit annexed with the Bail Application No. 27967 of 2020 of the applicant Smt. Dhanshri further argued that plea has been taken that deceased was not able to be a mother whereas in the post mortem report five months foetus was found in her womb. Thus plea taken by the applicants are false. It is also argued that they were not living separately but living with the husband of the deceased. All the ingredients of the offence under Section 304-B IPC are clearly available. Deceased was being subjected to cruelty and harassment soon before her death in connection with demand of additional dowry. A prima facie case is made out.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail applications are allowed.
Let the applicants Ranveer Singh and Smt. Dhanshri involved in Case Crime No. 162 of 2020, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Kurwawali, District Mainpuri be released on bail on their furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions :
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 13.8.2021 Sachdeva