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Dilip Kumar vs State Of U.P. Thru. Prin. Secy. Home Lko. on 27 February, 2024

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Allahabad High Court

Dilip Kumar vs State Of U.P. Thru. Prin. Secy. Home Lko. on 27 February, 2024

Author: Shamim Ahmed

Bench: Shamim Ahmed

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

Neutral Citation No. – 2024:AHC-LKO:18193

Court No. – 16

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 819 of 2023

Applicant :- Dilip Kumar

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.

Counsel for Applicant :- Ashok Shukla,Aman Kumar Shrivastav,Rakesh Pal

Counsel for Opposite Party :- G.A.

Hon’ble Shamim Ahmed,J.

Heard Sri Aman Kumar Srivastav, learned counsel for the applicant and Sri Ashok Kumar Singh, learned A.G.A.-I for the State and perused the record.

The applicant, Dilip Kumar, has moved the present bail application seeking bail in Case Crime No. 150 of 2022, under Section 498A, 304 B I.P.C. and Section ¾ of Dowry Prohibition Act, Police Station Ataria, District Sitapur.

Learned counsel for the applicant submits that the applicant is the husband of the deceased and he has been falsely implicated in the present case. No such incident as alleged by the prosecution took place. Neither any demand was made by him, nor any complaint was ever made after the marriage or prior to the date of incident. The marriage of the applicant and the deceased were solemnized in the year 2021. Their relations were cordial except some minor disputes which always arose between a husband and wife.

Learned counsel for the applicant further submits that the deceased had committed suicide as she was a short tamper lady and always pressurizing the applicant to live separately from his parents, which demand was used to refuse by the applicant, on account of which the deceased remained under mental pressure, and ultimately on the date of incident she committed suicide on 30.05.2022 by hanging herself.

Learned counsel for the applicant further submits that the applicant was at brick klin at the time of incident, where he was working and this fact has been mentioned in paragraph No. 16 to the affidavit filed in support of the bail application.

Learned counsel for the applicant further submits that the allegation in the F.I.R. regarding demand of dowry in the form of golden chain and Rs. 50,000/- is wrong, no such demand was ever made neither by the applicant nor by his other family members named in the F.I.R. The entire prosecution story is false and with the intention to falsely implicate the applicant and his family members.

Learned counsel for the applicant further submits that as per the postmortem report of the deceased cause of death is asphyxia due to ante mortem hanging. It has also been submitted that except one ligature mark of size 28.6 cm x 2.0 cm all around the neck no other injury was found on the person of the deceased. In support of his argument that deceased committed suicide by hanging herself, the learned counsel for the applicant placed reliance upon the extract of Modi’s Medical Jurisprudence, wherein definition of hanging has been described.

Learned counsel for the applicant further submits that since the definition of hanging given in Modi’s Jurisprudence and the postmortem report of the deceased are identical, it appears a case of committing suicide by hanging and not the murder.

Learned counsel for the applicant further submits that on similar allegations, father of the applicant, namely, Ram Naresh has already been granted bail by this Court vide order dated 09.11.2022 passed in Criminal Misc. Bail Application No. 11984 of 2022. As general role has been assigned to all the accused persons including the applicant who is the husband of the deceased, therefore, the case of applicant is not on the worse footing than that of the co-accused who is father of the applicant and has been enlarged on bail, therefore, the applicant may also be enlarged on bail by this Court sympathetically.

Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history, which fact has been stated in para-23 of the affidavit filed in support of the bail application. The applicant is in jail since 20.06.2022 and that in the wake of heavy pendency of cases in the Court, there is no blinking chances of any early conclusion of trial.

Learned A.G.A. while opposing the prayer for bail of applicant submitted that the death of the deceased had occurred within two years of her marriage and applicant is the husband of the deceased, therefore, he is not entitled to be released on bail, but he has not disputed that the father of the applicant has already been enlarged on bail.

After perusing the record in the light of the submissions made at the Bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, considering the fact that there is no specific allegation against the applicant and general role has been assigned against all the accused persons including the applicant for demand of additional dowry and on account of non fulfillment thereof causing cruelty to the deceased; except only one ligature mark present all around the neck of the deceased no other injury found on the person of the deceased; cause of death is asphyxia due to ante mortem hanging; father of the applicant having similar allegation has already been granted bail this Court; and considering the fact that applicant has already undergone a substantial period of incarceration; as well as considering the larger mandate of the Article 21 of the Constitution of India and the law laid down by the Hon’ble Apex Court in the case of Dataram Singh vs. State of UP and another, reported in (2018) 3 SCC 22, this Court is of the view that the applicant may be enlarged on bail.

The prayer for bail is granted. The application is allowed.

Let the applicant, Dilip Kumar, involved in Case Crime No. 150 of 2022, under Section 498A, 304 B I.P.C. and Section ¾ of Dowry Prohibition Act, Police Station Ataria, District Sitapur be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-

(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.

(2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.

(3) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

(5) In case, the applicant misuses the liberty of bail 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.

(6) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

(7) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.

(8) 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.

It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant’s bail.

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merit of the case.

Order Date :- 27.2.2024

Arvind

 

 

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