Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35809 of 2021 Applicant :- Suneel Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Hari Nath Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Anand Patti Tiwari, learned counsel for the informant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 116 of 2021, under Sections 498A, 304B I.P.C. and section 3/4 Dowry Prohibition Act, P.S. Sikandra, district-Kanpur Dehat, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant regarding dowry death of his sister against his brother-in-law and his other family members.
Learned counsel for the applicant submits that the applicant is the father-in-law of the deceased Kiran Devi. Marriage between the deceased and Ajay Singh was solemnized on 15.4.2020. The victim died in her matrimonial home on 20.5.2021. Only general allegations have been made against the deceased's husband and his other family members on account of non fulfilment of additional demand of dowry, the deceased was maltreated and tortured in her matrimonial home by her husband and his other family members and ultimately done to death. Further submission is that although the victim had committed suicide but the prosecution has tried to give it a colour of dowry death. The postmortem report of the deceased indicates that she died due to asphyxia as a result of ante-mortem hanging. He also submits that the applicant cannot be said to be the beneficiary of the additional dowry allegedly demanded by co-accused Ajay Singh, husband of the deceased and his role is clearly distinguishable from that of the husband. He lastly submits that the applicant, who has no criminal antecedents to his credit and he is in jail since 17.6.2021, is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A., as well as learned counsel for the informant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering that the applicant is the father-in-law of the deceased, considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Suneel Kumar be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 26.10.2021 Faridul