Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46125 of 2019 Applicant :- Sazid Opposite Party :- State of U.P.
Counsel for Applicant :- Ankit Agarval,Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.,Gyan Prakash Mishra
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant, Sazid, in Case Crime No.116 of 2019, under Sections 498A, 323, 304B IPC and 3/4 Dowry Prohibition Act, Police Station Kotwali Dehat, District Bulandshahar.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 12.06.2019; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; role assigned to the applicant, in dying declaration, is of giving assault, whereas, pouring of kerosene oil and putting at ablaze, is to co-accused i.e. mother of applicant and brother of applicant, whereas, an independent witness, who was present in the hospital said that mother of the deceased was persuading her to take name of everyone; it was a false implication; neither any dowry was demanded nor any cruelty was ever committed. Hence, bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed with this contention that it was instant report lodged under sections 498A, 323, 307 IPC and 3/4 Dowry Prohibition Act on 11.2.2019 at 12.37 PM and occurrence was of morning of 11.2.2019 at about 7.00 AM; this was reported by Naeem Ahmad, wherein, specifically it was said that there had been demand and cruelty with regard to dowry of Alto Car and complaint with regard to it, was made by the deceased, but she was asked to keep and quite and wait till situation is to be normal and this occurrence of pouring petrol and putting at ablaze was there, though she was taken to hospital for treatment by accused side, but in dying declaration, specific instance of assault by husband and then after putting at ablaze by pouring petrol by mother-in-law and brother-in-law is there; unnatural death by deep thermal burn, within seven months of marriage, at nuptial house with persistent demand of Alto Car in demand dowry with regard to it, is there, and dying declaration of deceased is there; offence of dowry death was added in Indian Penal code with specific purpose laid down by legislation and in this purpose, a presumptive Clause under Section 113-B of Evidence Act, was also added and this is false in above category of cases; in case of release on bail, there is every possibility of fleeing from course of justice or tempering with evidence.
Having heard learned counsel for both sides and gone through materials on record, considering menace of dowry death, cruelty and brutality as was said in dying declaration, likelihood of tampering with evidence in case of release on bail as well as likelihood of fleeing from course of justice, but without commenting on merits of the case, there appears to be no ground for bail.
Accordingly, this Bail Application stands rejected.
Order Date :- 28.10.2021 Dhirendra/