High Court
Case Details
Neutral Citation No. - 2023:AHC:157317 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21618 of 2021 Applicant :- Javed Husain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Najam Uz Zaman Khan,Araf Khan Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Legal Reasoning
1. Heard Sri Najam Uz Zaman Khan, learned counsel for the applicant and Sri Manoj Kumar Singh, learned brief holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 206 of 2020, under Sections 498-A, 304-B IPC & 3/4 D.P. Act, Police Station- Hathras Kotwali, District- Hathras, during pendency of the trial in the court below. 3. FIR of the present case was lodged against the applicant and his family members and according to the FIR, marriage of the applicant was performed with the deceased on 14.06.2020 and after marriage applicant and his family members tortured her for additional demand of a bullet motor-cycle and on 18.07.2020, informant received an information that his daughter i.e. deceased sustained burn injuries and she has been admitted in Aligarh Medical Hospital. 4. Learned counsel for the applicant submitted that applicant is the husband of the deceased and initially FIR of the present case was lodged under Sections 498-A, 323, 307 IPC and 3/4 D.P. Act but after the death of the deceased case was converted under Section 304-B IPC. He further submitted that totally on the basis of false allegation of demand of dowry and torture, applicant has been made accused in the present matter. 5. He further submitted that during investigation on 20.07.2020 dying declaration of the injured since deceased was recorded by the Investigating Officer and in her statement she did not even state against the applicant and categorically stated against her jeth and father-in-law but when her second dying declaration was recorded by the Niab Tehsildar on 24.07.2020 i.e. after four days then although, she made allegation again against her jeth and father-in-law that they ablazed her but also stated that in the meantime applicant had arrived at home and he also gave her a leg blow. 6. He further submitted that from her second dying declaration recorded by the Niab Tehsildar, it reflects that however, she made allegation of torture and demand of dowry but even from the second dying declaration of the deceased recorded by the Niab Tehsildar, the case against the applicant does not travel beyond Section 498-A IPC and 3/4 D.P. Act and from both the dying declarations of the deceased it could not be reflected that applicant caused dowry death of her wife i.e. deceased. 7. He further submitted that applicant is not having any criminal history and he is in jail since 15.10.2020 i.e. for more than two and half years. 8. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is the husband of the deceased and in her second dying declaration recorded by Niab Tehsildar victim stated that there was demand of dowry and torture and also stated that applicant tortured her but could not dispute the fact that in both the dying declaration of the deceased the role of ablazing has been levelled by the deceased to her jeth and father-in-law and applicant is in jail for more than two and half years. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Although, applicant is the husband of the deceased and his wife died within seven years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but there are two dying declarations of the deceased on record, first recorded by the Investigating Officer and second recorded by the Niab Tehsildar and in the first DD recorded by the Investigating Officer, she did not state against the applicant and categorically stated that her jeth and father-in-law ablazed her and in the second DD recorded by the Niab Tehsildar, although, she made similar allegation that her jeth and father-in-law ablazed her but she further stated that there was tortured and demand of dowry even by the applicant and after the incident her husband i.e. applicant and his younger brother arrived at home and they did not even try to save her and applicant also gave her a leg blow although, in the statement she further stated that applicant called the Ambulance. 11. Therefore, from the perusal of the both the dying declaration of the deceased, there is no evidence against the applicant that he also ablazed the deceased, therefore, I find force in the argument advanced by learned counsel for the applicant that there is no evidence against the applicant that he caused dowry death of his wife. 12. Further, applicant is in jail since October, 2020 i.e. for more than two and half years. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Javed Husain be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 17. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 3.8.2023 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad