Heard Sri Ajay Vikram Yadav, learned counsel for the applicant, Sri Mithilelsh Kumar Shukla as well as Sri G.P. Singh, learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in S.T. No. 225 of 2018 arising out of Case Crime No.348 of 2018 under sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kotwali Fatehgarh, District Farrukhabad, during the pendency of trial.
As per FIR, which has been lodged by Manoj Kumar, the father of the deceased, the prosecution case is that the marriage of the deceased was performed on 28.4.2018 according to Hindu rites and the informant had given huge amount at the time of marriage, by which the applicant as well as his family members were not satisfied and an amount of Rs.10.00 lac as additional demand of dowry was made and when the same could not be fulfilled, the deceased was done to death by hanging her by the accused-applicant and other family members. In post-mortem report, cause of death is due to asphyxia as a result of ante-mortem hanging and there is no external injury noticed except one ligature mark. The hyoid bone was found to be intact. The clear photocopy of the post-mortem report is annexed with the counter affidavit filed by the learned counsel for the informant at page-16.
Submission made by the learned counsel for the applicant is that it is a case of suicidal death and not homicidal one and the reason of the death has been disclosed in paragraph no. 12 of the affidavit, in which it is stated that the deceased was not satisfied with her marriage and was having love affair with someone else and the name has not been disclosed as to who was the person. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 06.07.2019. In case the applicant is released on bail he will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for bail and the learned counsel for informant has drawn attention to the inquest report of the deceased, in which at the time of inquest, contusions on her neck, back, thigh and hands have been noticed but it is argued by applicant's learned counsel that no such observation has been made by the doctor whose statement has also been annexed at page-47. It is stated that the death of the deceased was found to have happened because of hanging. Some photographs have also been annexed by the learned counsel for informant with the counter affidavit.
In the light of the aforesaid arguments, it appears that it is a case of suicidal death and not the homicidal one, taking into consideration the nature of offence, quantum of punishment, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Satya Prakash @ Chhotu @ Rohit involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 27.1.2021 AU