Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application under Section 439 Cr.P.C. has been filed seeking bail FIR No.204 of 2019, under Sections 498-A, 304-B Indian Penal Code and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali Akbarpur, District Ambedkar Nagar against the accused-applicant and other family members Marriage between the deceased Neelam with the accused-applicant took place on 7.7.2016. Out of the wedlock, there is male child and at the time of incident, she was pregnant of seven months.
Allegation in the FIR is that it was a murder, which was committed by the accused-applicant for greed of dowry. There is no specific allegation regarding demand of dowry item or the money. Allegation is omnibus. From perusal of the post-mortem report, it is evident that except for ligature mark, no other injury was found on the body of the deceased and the death was due to asphyxia. In the post-mortem report, female foetus of seven months has been found. Charge sheet has been submitted only against the accused-applicant and other named accused have been exonerated by the police after investigation.
It is well settled that to bring the charge under Section 304-B IPC, there has to be demand of dowry and for dowry demand, the deceased must have been subjected to cruelty. Prima facie, these two ingredients are missing in the FIR. The accused-applicant is in jail since 18.4.2019.
Considering the allegations in the FIR, which do not specify what was the demand made for dowry and there is no allegation of any cruelty before the death of the deceased and from the post-mortem report, it is evident that the deceased committed suicide, it would be appropriate to enlarge the accused-applicant on bail.
Learned AGA has opposed the prayer of bail, but not disputed the aforesaid facts.
Considering the above facts and circumstances of the case, coupled with the contentions raised by the learned counsel for both sides, and without entering into the merit of the case, the applicant is entitled to be released on bail.
Let applicant Sudrishti Kumar be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 29.11.2019 Rao/-