HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 35185 of 2019
Applicant :- Sampat Alias Sampati
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Prakash Dwivedi
Counsel for Opposite Party :- G.A.
Hon’ble Arvind Kumar Mishra-I,J.
Sri Raghubir Singh, Advocate has filed memo of appearance on behalf of the complainant, which is taken on record.
Heard learned counsel for the applicant, Sri Raghubir Singh, learned counsel for the complainant, learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant is that he has been falsely implicated in this case being father-in-law ‘(sasur)’ of the deceased. General and vague allegations have been made against the applicant. In the site plan, he has already stated specifically about his separate residence and he had already separated himself from all his sons earlier married. The marriage in question took place around four years ago and no motive existed for raising any demand of dowry. The cause of action is hanging, due to which the deceased died. Whatever happened between the husband and wife cannot be described by the applicant as he was living separately. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 12.06.2019.
Per contra, Sri Raghubir Singh, learned counsel for the complainant has vehemently opposed the prayer for bail and has submitted that the allegations are specific regarding dowry demand and perpetration of cruelty, which resulted into dowry death of the deceased. The applicant being head of the family was under bounden duty to safeguard interest of the entire family and in particular the life of his daughter-in-law, which he failed.
Learned A.G.A. has also opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant – Sampat Alias Sampati involved in Case Crime No. 150 of 2019, under Sections – 498A, 304B, 323, 506 SectionI.P.C. 3/4 SectionDowry Prohibition Act, Police Station – Achhnera, District – Agra be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 14.10.2019
S Rawat
