High Court
Case Details
Neutral Citation No. - 2023:AHC:153894 Reserved on 27.7.2023 Delivered on 31.7.2023 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6152 of 2022 Applicant :- Krishna Opposite Party :- State of U.P. Counsel for Applicant :- Saroj Kumar Dubey Counsel for Opposite Party :- G.A.,Ajay Kumar Hon'ble Siddharth,J. 1. Heard Sri Saroj Kumar Dubey, learned counsel for the applicant; Sri Ajay Kumar, learned counsel for the informant; learned AGA for the State and perused the material placed on record. 2. The instant bail application has been filed on behalf of the applicant, Krishna, with a prayer to release him on bail in Case Crime No. 533 of 2020, under Sections 498-A, 304-B, 506, 323 IPC and ¾ D.P. Act, Police Station Vijay Nagar, District- Ghaziabad, during pendency of trial.
Legal Reasoning
3. There is allegation in the FIR that the daughter of the informant, Rakhi, was married on 22.11.2019 to Krishna, the applicant and she went to her parental home on 26.11.2019. The applicant, his elder brother, Deepak, sister-in-law, Nisha and mother-in-law, Bala, used to harass her for brining inadequate dowry. They were not happy with Hero Motorcycle and were demanding Bullet Motorcycle. On 6.12.2019, the applicant, his elder brother, Deepak, sister-in- law, Nisha and brother-in-law, Ankur, came for Bidai of the daughter of the informant assuring that they will not harass his daughter. On 10.12.2019 at about 8:00 hours, her sister-in-law, Nisha, informed that Rakhi is ill and therefore, the informant alongwith his son and others went to her matrimonial home and found his daughter unconscious. After regaining consciousness after sometime, she informed that she has been harassed and beated by the applicant and other family members of her matrimonial home. Therefore they brought their daughter back where she died on the next day, i.e., 11.12.2019 at about 01:00 a.m. in the night because of injuries caused to her by the applicant and co-accused.
Legal Reasoning
4. Learned counsel for the applicant has submitted that Investigating Officer has recorded the statements of the persons residing in the locality and adjacent to the house of the applicant, wherein they stated that there was neither demand of dowry nor the deceased was ill-treated by the applicant and co-accused. The statement of the applicant was also recorded wherein he has stated that the deceased was suffering from mental illness. His marriage with the deceased took place on 12.11.2019. When her mental condition became very bad, he informed her father on 7.12.2019. Her father and other family members came and they took her to many doctors, but her condition did not improved. When on 10.12.2019 her condition deteriorated, doctor of Aradhya Medical Centre refused to further treat her. Thereafter she was being taken to Sarvoday Hospital on 10.12.2019, but she died in the way. Her father stated that they will cremate the deceased in their village. The applicant and his family members went and joined the cremation of the deceased in the village of her father, but he does not know why her father lodged FIR against him and his other family members. 5. Learned counsel for the applicant has further submitted that it is clear from the statement of brother-in-law of the deceased, Ram Singh, (Jija) that after marriage of the deceased, she lived in her matrimonial home for three days and thereafter she came back to her parental home. On 6.12.2019, the applicant alongwith his family members came for Bidai of the daughter of the informant and brought her back. On 9.12.2019 he came to know about the illness of deceased and therefore, he went to house of her in-laws. He came to know that Sallu, brother of Rakhi, alongwith his wife, Rajani and his brother, Ravindra, had gone to her matrimonial home with one Nanhe, who was an exorcist for her treatment. Father of Rakhi and her cousin, Kaushal, went there. Earlier another exorcist, Babli Bhagat, was treating her. Therefore, Nanhe, the second exorcist, refused to treat her and he informed that Rakhi was not getting well. She was taken to Hospital at Bulandshahar and was declared dead. Similar statement was given by wife of Devendra, Rajni, wherein she admitted that after becoming ill, Rakhi was being treated by the exorcist, Babli Bhagat. He has submitted that injuries on the body of the deceased, Rakhi, found in the post mortem report have been caused because of treatment by exorcist. It also appears that she was subjected to sexual exploitation also by the same exorcist since the injuries found on her private parts cannot be explained by any other means. He has submitted that family members of the deceased did not properly treated her and therefore, she died. The Investigating Officer has not investigated the role of the alleged, Babli Bhagat, the exorcist, in the entire incident and the applicant has been falsely implicated in this case. He has no criminal history to his credit and is 2 of 4 languishing in jail since 5.5.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned counsel for the informant has opposed the prayer for bail of the applicant and has submitted that allegations against the applicant are quite serious. Hence he does not deserves to be enlarged on bail. 6. Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 7. After hearing the rival contentions, this Court finds that the victim stayed in her matrimonial home for about 3 days. She died in about 19-20 days of her marriage. In such a short time how she was subjected for cruelty on account of demand of dowry is no explained. She appears to have been suffering from illness, but instead of getting her treated properly, she was treated by applicant side as well as informant side by exorcist. The deceased died without proper treatment and false implication of applicant and co-accused was made. Co- accused, Smt. Nisha, Smt. Bala Devi and Deepak, have been enlarged on bail by co-ordinate Benches of this Court vide Criminal Misc. Bail Application Nos. 42646 of 2020, 47276 of 2020 and 45716 of 2022 respectively. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 that :- (i) The applicant shall not tamper with the evidence or threaten the witnesses. 3 of 4 (ii) 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. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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. (v) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 31.7.2023 Ruchi Agrahari Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad 4 of 4