Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20407 of 2021 Applicant :- Sachin Kumar Opposite Party :- State Of U.P Counsel for Applicant :- R.P.S. Chauhan Counsel for Opposite Party :- G.A.,Ashutosh Kumar Mishra,Girja Shanker Sen,Krishna Dutt Awasthi
Hon'ble Om Prakash-VII,J.
Heard R.P.S. Chauhan, learned counsel for the applicant, learned A.G.A for the State as well as Sri Krishna Dutt Awasthi, learned counsel for the informant and perused the record.
This application for bail has been moved by the applicant Sachin Kumar, involved in case crime no.475 of 2020 under sections 498-A, 304-B, 323, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Partapur, District Meerut.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He has been falsely implicated in this case. It is further submitted that an information had already been given to the concerned police regarding the suicide said to have been committed by the deceased and the same was entered into G.D. and thereafter inquest proceedings were conducted. F.I.R. was lodged in this matter on 24.7.2020 after the inquest. Referring to the postmortem report, it is further argued that cause of death of the deceased is antemortem hanging. Learned counsel for the applicant referring to the contents of the F.I.R. further argued that a general allegation has been levelled against the accused persons. At this stage, learned counsel has referred to the first part of the F.I.R. and further submitted that no allegation was levelled against the applicant regarding the demand of dowry or causing cruelty or torture to the deceased. Deceased committed suicide herself for the reason best known to her, as is clear from the medical evidence. Incident occurred during lock-down period. Applicant was doing private job, which he lost during the said period. It might be possible that due to this reason, she committed suicide. It is further submitted that offence under section 304-B IPC is not attracted in this matter. Applicant is languishing in jail since 30.7.2020 having no criminal antecedents. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail and argued that deceased died within two years of her marriage. Death of the deceased is unnatural. A clear allegation has been levelled in the F.I.R. as well as in the statement recorded under section 161 Cr.P.C. regarding the demand of dowry and extending cruelty and harassment in lieu of said demand. All the ingredients of the offence under section 304-B IPC are available against the applicant. He is the husband of the deceased. Applicant cannot be enlarged on bail merely on the ground of lodging of the F.I.R. after inquest proceeding.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application is rejected.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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.
Order Date :- 21.9.2021 ss Digitally signed by OM PRAKASH Date: 2021.09.23 10:11:27 IST Reason: Document Owner Location: High Court of Judicature at Allahabad