High Court

Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He added that the applicant has not committed any offence as is alleged in the first information report. He next added that the incident took place on 26-03-2023, whereas, an application under section 156(3) of Cr.P.C. was moved on 19-07-2023, which is specifically mentioned in paragraph no. 12 of the bail application. He submits that after about five months of the alleged incident, the first information report has been lodged, which itself is enough to show that the same has been lodged after thought. He has also drawn attention of this court towards the statement of the complainant/father of the deceased and submitted that the father of the deceased has stated that after consultation with the counsel, he has alleged regarding the demand of dowry in his complaint and prior to it, he never made any complaint with respect to the same. He has further argued that the statement of the complainant/father of the deceased, is evident that just after the incident having taken place, an information was given to the family members of the deceased and thereafter, they came to the place and in their presence, the dead body of the deceased was buried. He next submits that the cause of death, as is evident from the post- mortem report, is due to hanging and infact, there are no other injuries than the injuries inflicted due to hanging. Further submission is that the perusal of the inquest report, would show that the witnesses of the inquest have stated their probability of reason of death as due to hanging and as such, there is no iota of any suspicion regarding the murder committed by the applicant. He also added that there is no evidence that there was any demand of dowry or deceased was subjected to cruelty by the applicant. Concluding his arguments, learned counsel for the applicant submits that the applicant is a law abiding citizen and he has no previous criminal history and he is languishing in jail since 26-08- 2023. He further submits that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has vehemently opposed the contentions aforesaid and submits that the applicant is the husband of the deceased and the death of the deceased occurred in the matrimonial house only after one month of the marriage. He submits that it is the applicant, who could explain that in the matrimonial house, how the death of the deceased occurred. He next submits that the death of the deceased is not natural and as per the post- mortem report, the death occurred due to hanging and the injuries are also present over the body of the deceased. Thus, submission is that the applicant is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that an information was given to the family members of the deceased and the applicant including his family members were also present at the place of occurrence and they took the dead body of the deceased to the burial place. It is also evident that the incident took place in the month of March,2023, whereas, an application under section 156(3) of Cr.P.C. was instituted on 19-07-2023 i.e. after about five months of the incident, which clearly discloses that the first information report has been lodged after thought. The statement of the informant/father of the deceased, is enough to show that there was consultation with his counsel for coming with the stand that the dowry was demanded by the applicant and his family members. It has also been stated by him that it is for the first time when he is alleging that the dowry was demanded and the deceased was subjected to cruelty. Further the applicant is languishing in jail since 26- 08-2023; there is no previous criminal antecedent of the applicant as has been explained in paragraph 40 of the bail application coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Mohd. Amir involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing or otherwise during the the witnesses, investigation or trial; (2) 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. He 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; (3) 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.; (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 14.5.2025 AKS

Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He added that the applicant has not committed any offence as is alleged in the first information report. He next added that the incident took place on 26-03-2023, whereas, an application under section 156(3) of Cr.P.C. was moved on 19-07-2023, which is specifically mentioned in paragraph no. 12 of the bail application. He submits that after about five months of the alleged incident, the first information report has been lodged, which itself is enough to show that the same has been lodged after thought. He has also drawn attention of this court towards the statement of the complainant/father of the deceased and submitted that the father of the deceased has stated that after consultation with the counsel, he has alleged regarding the demand of dowry in his complaint and prior to it, he never made any complaint with respect to the same. He has further argued that the statement of the complainant/father of the deceased, is evident that just after the incident having taken place, an information was given to the family members of the deceased and thereafter, they came to the place and in their presence, the dead body of the deceased was buried. He next submits that the cause of death, as is evident from the post- mortem report, is due to hanging and infact, there are no other injuries than the injuries inflicted due to hanging. Further submission is that the perusal of the inquest report, would show that the witnesses of the inquest have stated their probability of reason of death as due to hanging and as such, there is no iota of any suspicion regarding the murder committed by the applicant. He also added that there is no evidence that there was any demand of dowry or deceased was subjected to cruelty by the applicant. Concluding his arguments, learned counsel for the applicant submits that the applicant is a law abiding citizen and he has no previous criminal history and he is languishing in jail since 26-08- 2023. He further submits that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has vehemently opposed the contentions aforesaid and submits that the applicant is the husband of the deceased and the death of the deceased occurred in the matrimonial house only after one month of the marriage. He submits that it is the applicant, who could explain that in the matrimonial house, how the death of the deceased occurred. He next submits that the death of the deceased is not natural and as per the post- mortem report, the death occurred due to hanging and the injuries are also present over the body of the deceased. Thus, submission is that the applicant is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that an information was given to the family members of the deceased and the applicant including his family members were also present at the place of occurrence and they took the dead body of the deceased to the burial place. It is also evident that the incident took place in the month of March,2023, whereas, an application under section 156(3) of Cr.P.C. was instituted on 19-07-2023 i.e. after about five months of the incident, which clearly discloses that the first information report has been lodged after thought. The statement of the informant/father of the deceased, is enough to show that there was consultation with his counsel for coming with the stand that the dowry was demanded by the applicant and his family members. It has also been stated by him that it is for the first time when he is alleging that the dowry was demanded and the deceased was subjected to cruelty. Further the applicant is languishing in jail since 26- 08-2023; there is no previous criminal antecedent of the applicant as has been explained in paragraph 40 of the bail application coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Mohd. Amir involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing or otherwise during the the witnesses, investigation or trial; (2) 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. He 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; (3) 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.; (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 14.5.2025 AKS