Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11004 of 2018 Applicant :- Rashid Ali Opposite Party :- State Of U.P.
Counsel for Applicant :- Prabhat Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of Rashid Ali in connection with Case Crime No. 785 of 2015 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Kalyanpur, District Kanpur Nagar.
Heard Sri Prabhat Kumar Singh, learned counsel for the applicant and Sri S.A.S. Abidi, learned AGA along with Sri Kulveer Singh, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that the applicant is the father-in-law; that there are general allegations against the applicant; that no specific role being assigned to the applicant; that the applicant has left a letter addressed in rem saying that her family members came over to her in-laws place beat her up and abused her on account of which she has felt so humiliated that she was taking this extreme step; that the letter further says that her in-laws are not to be blamed; that the said letter is not a part of the case diary; that there is a specific averment made in paragraph no. 18 of the affidavit that the applicant and the other family members of the deceased's in- laws tried to hand over the said letter to the Investigating Officer but refused to make it a part of the case diary; that it is submitted with particular emphasis that the applicant is physically handicapped with a DPRP of the right hand and supported by a handicapped pension certificate that the cause of death is septicaemia due to ante-mortem burn injuries; that the injuries were sustained as a result of accident by fire; that there is uncertainty in the evidence leading to accident/incident where the deceased received burn injuries and conflicting evidence by the prosecution being collected; that what is not in doubt is that the husband finding his wife injured got her admitted to the hospital as would appear from a perusal of the annexure no. 6 to the affidavit which is record of the admission to the Lala Lajpat Rai Hospital, Kanpur which clearly shows that the husband brought the patient (his wife) to the hospital for burn injury treatment; that the applicant is a 66 years old man suffering from 40% disability in the right hand, a copy of which is annexed as annexure no. 9 to the affidavit; and, that the applicant is a respectable man with no criminal history who is in jail since 30.07.2017.
Learned AGA has opposed the bail plea with the submission that it is a case of an unnatural death of a wife within seven years of marriage in the four walls of her matrimonial home with a background of dowry demand. He further submits that pursuant to the earlier directions issued by this Court while refusing bail to the mother-in-law, 8 of the 13 prosecution witnesses have already been examined and only formal witnesses are left to testify and the applicant being the father-in- law, and, therefore, the head of the family is not entitled to bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the relationship of the applicant to the deceased, in particular, the age of the applicant and is physical handicap both of which are well proven by Government record but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
It is made clear that anything said in this order would not affect the case of either side on merits at the trial, and, further this order will not serve as a precedent to the other accused in this case who would have to make out their own case.
Accordingly, the bail application stands allowed.
Let the applicant Rashid Ali involved in Case Crime No. 785 of 2015 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Kalyanpur, District Kanpur Nagar be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 27.3.2018 Deepak