Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8350 of 2021 Applicant :- Vinay Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Kumar Singh,Mahesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.
Heard learned counsel for the applicant and learned A.G.A for the State through video conferencing.
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Vinay Singh, in Case Crime No.0219 of 2018, under Sections-504, 498A, 304B I.P.C and 3/4 D.P. Act, Police Station-Shivpur, District-Varanasi.
The implication of the applicant, who is father-in-law, has been made in this case for causing dowry death of his daughter-in-law.
Learned counsel for the applicant submits that the deceased committed suicide at her parent's house and not at her matrimonial home. The demand of dowry alleged in the first information report is incorrect. The dispute of the deceased was only with her husband and on account mis-adjustment in the family she left her matrimonial home. From the application given by the deceased to the police it appears that she was not being treated properly in her parent's house and hence she committed suicide by consuming poison.
Considering the over all facts, it is not a fit case for granting anticipatory bail.
Application is, accordingly, rejected.
However, in view of the entirety of facts and circumstances of the case and in present situation courts below on account of limited working and on the request of learned counsel for the applicant, it is directed that the applicant will appear and surrender before the court below within 60 days from today and apply for bail.
Till then, no coercive action shall be taken against the applicant.
However, in case, the applicant does not appears before the court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the applicant will not be granted any further time by this court for surrendering before the court below as directed above.
Order Date :- 26.5.2021 SS