High Court
Case Details
Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9478 of 2022 Applicant :- Manoj Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Zaid Arshad,Shibli Naseem Counsel for Opposite Party :- G.A.,Iftakhar Ahmad Hon'ble Sanjay Kumar Singh,J.
Legal Reasoning
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State, learned counsel appearing on behalf of the first informant / complainant and perused the record. By means of this application under Section 439 of Cr.P.C., applicant, who is involved in Case Crime No. 55 of 2021, under Sections 306, 498A IPC, police station Ghoorpur, district Allahabad (Prayagraj) seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, informant Shiv Lal Gupta, who is father of the deceased lodged the first information report on 09.02.2021 with regard to an incident which took place on 21.01.2021 against husband, mother-in-law, father-in-law and sister-in-law of the deceased alleging inter alia that marriage of his daughter was solemnized on 14.05.2015 with the applicant and in the marriage, he had given an amount of Rs. 2 lacs in cash and a Splendor Pro Motorcycle apart from other articles but in-laws of his daughter were not satisfied with the dowry given by him and there was additional demand of dowry from their side. The first information report further alleges that in the month of June, 2020, he had also given an amount of Rs. 50,000/- in cash with a view that accused persons may not harass his daughter but on 21.01.2021 at about 11:00 P.M., the applicant informed him that his daughter has committed suicide and lastly, it is mentioned that on account of non-fulfillment of demand of dowry, his daughter has committed suicide. It is argued by learned counsel for the applicant that the applicant is husband of the deceased. In fact, marriage of the applicant was solemnized in the year 2013 and in support of this submission, he has placed reliance upon an application of the complainant which was given to the police on the date of the incident, i.e., 21.01.2021. It is pointed out that in the said application, no allegation has been levelled against the applicant. After culmination of the investigation, charge-sheet has been submitted only against the present applicant being husband of the deceased and so far as the other accused persons are concerned, they have been exonerated as their complicity has been found false. It is next argued that as per the post mortem report, cause of the death of the deceased is asphyxia due to ante mortem hanging and except ligature mark, no other injury was found on the body of the deceased. Much emphasis has been given by contending that in fact, the deceased was suffering from mental disease and her treatment was going on in Swaroop Rani Nehru Hospital, Prayagraj. In support of this submission, he has placed reliance upon the prescription of the treatment of the disease which have been filed at Page 49 of the paper-book in which it has been diagnosed that the deceased was suffering from insanity, neurosis, depression and headache. It is further submitted that on account of said disease, she was under depression and, therefore, has committed suicide. In order to show his bonafide, the applicant has also pointed out that on 25.09.2020, four months prior to the incident, the applicant has purchased a land by registered sale deed in the name of Smt. Uma Devi (deceased), copy of the said sale deed has been brought on record as Annexure No. 6 to the afÏdavit filed in support of the bail application. It is also pointed out that information about the incident was also given by the applicant to the complainant and no effort was made by him to abscond from the place of the incident. The deceased has committed suicide leaving behind two children aged about seven years and three years, respectively, and they are being taken care by the father of the applicant. It is further submitted that after culmination of the investigation, charge-sheet has been submitted under Sections 306 and 498A IPC whereas basic ingredients of abetment and instigation constituting an offence under Section 306 IPC are lacking in this case and it is not a case of harassment, therefore, the applicant is entitled to be released on bail. It is also submitted by learned counsel for the applicant that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 04.12.2021 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State as well as learned counsel for the informant vehemently opposed the prayer for bail of the applicant by contending that innocence of the applicant cannot be ad-judged at pre-trial stage but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that treatment of the deceased regarding the disease, i.e., insanity, neurosis, depression and headache was already going on and her cause of death is hanging. I also find that there is no mark of injury on the body of the deceased and there is also no evidence of abetment and instigation on record. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant - Manoj Gupta be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police ofÏcer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. Order Date :- 30.5.2022 Shubham Digitally signed by SHUBHAM KUMAR AGRAHARI Date: 2022.05.30 17:37:55 IST Reason: Location: High Court of Judicature at Allahabad