High Court
Case Details
Neutral Citation No. - 2025:AHC:101568 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20628 of 2023 Applicant :- Mohit Opposite Party :- State of U.P. Counsel for Applicant :- Amit Daga,Vipul Kumar Singh Counsel for Opposite Party :- Anil Kumar Mishra,Dileep Kumar Shukla,G.A.,Mohit Singh Hon'ble Krishan Pahal,J. 1. List has been revised.
Legal Reasoning
2. Heard Sri Amit Daga, learned counsel for the applicant, Sri Mohit Singh, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.286 of 2022, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station- Medical, District- Meerut, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 10.2.2022 and subsequent to it the applicant and other family members are stated to have subjected her to cruelty for demand of a car as dowry, thereby led her to death on 14.7.2022. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. It is true that deceased had expired within a period of about six months of her marriage, but the applicant has nothing to do with the said offence. The applicant has strong alibi as he was working in Mediverve Hospital, Meerut at that point of time and the said certificate has been filed as Annexure-15 to the affidavit filed with the bail application. 6. Learned counsel for the applicant has further stated that as a bona fide act after getting the information of the death of his wife, the applicant had given an application at the police station which was entered at GD no.32 at 11:10 a.m. on 14.7.2022 itself well before the institution of FIR. After the said information, the inquest proceedings of the deceased person were undertaken and the same were complete by 03:30 p.m. the same day and there is no whispering of a single word against the applicant at the stage of said inquest proceedings as the informant was very much present and has been arrayed as Panch witness no.5 to the said inquest proceedings. 7. It is further argued by learned counsel for the applicant that as an afterthought the FIR had subsequently been instituted the same evening on 14.7.2022 at 07:12 p.m. that too after legal consultation. Learned counsel has stated that the victim was suffering from some psychiatric problem and was undergoing treatment at Nav Neuropsychiatry Centre and was being treated by Dr. Vikas Kumar Saini. The relevant document has been appended as Annexure-14 to the affidavit filed with bail application. 8. Learned counsel for the applicant has further argued that the victim has committed suicide due to the said psychiatric problem she was suffering from. The cause of death has been found to be asphyxia as a result of antemortem hanging. Not a single injury has been observed on the body of the deceased person to indicate that she was subjected to cruelty by the applicant or other family members. Learned counsel has stated that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 17.7.2022 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the deceased had expired within the precincts of house of the applicant and that too within a period of six months of her marriage. She was a young lady who was subjected to cruelty by the applicant and other family members for demand of dowry. The ingredients of Section 304-B I.P.C. are fulfilled. 10. Learned counsel for the informant has categorically stated that the documents of treatment of the victim regarding her psychiatric problem are of March, 2022 onward while her marriage had taken place on 10.2.2022, as such, the psychosis, if any, suffered by the victim may be attributed to the applicant and his family members only. There is nothing on record to suggest that she was being given any psychiatric treatment prior to her marriage with the applicant, as such, he is not entitled for bail. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the application given by the applicant at the police station prior to institution of FIR and also the fact that informant was Panch witness no.5 in the inquest proceedings which were undertaken well before the institution of FIR coupled by the fact that FIR seems to be delayed as far as death of the deceased is concerned, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 12. Let the applicant- Mohit, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 1.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad