High Court
Case Details
Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49899 of 2022 Applicant :- Ajay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anshul Tiwari,Pooja Srivastava Counsel for Opposite Party :- G.A.,Sharique Ahmed Hon'ble Raj Beer Singh,J. Heard Sri V.P. Srivastava, learned Senior Counsel assisted by Sri Anshul Tiwari and Ms. Pooja Srivastava, learned counsel for the applicant, Sri Sharique Ahmed, learned counsel for the first informant, learned AGA for the State and perused the record. The present bail application has been filed by the applicant in Case Crime No. 848 of 2021, under Sections 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, P.S. Kalyanpur, District Kanpur Nagar, with the prayer to enlarge the applicant on bail It has been argued by the learned Senior counsel that applicant is innocent and he has not committed any offence. The applicant is husband of deceased and their marriage has taken place on 07.12.2015 and they have one child. The deceased committed suicide on 19.11.2019 at the house of her parental family, where she has gone to attend the marriage of her brother. At the time of inquest proceedings the applicant as well as family members of deceased were present but at that time no complaint was made to the police. It was submitted that after about one month, on 11.12.2019 the informant moved an application under Section 156(3) Cr.P.C. which was registered by the Court as a complaint
Legal Reasoning
case vide order dated 03.01.2020. The informant has challenged the said order in revision, wherein, by order dated 06.04.2021 the matter was remanded back to the Court of concerned Magistrate and thereafter order dated 06.10.2021 was passed making direction for registration of the case and in pursuance to that FIR of this case has been lodged on 10.10.2021. Learned Senior counsel submitted that the allegations of dowry demand and harassment of deceased, are thoroughly improbable. It has been shown that on 02.07.2019 applicant has made fixed deposit of Rs. 1 lakhs in the name of his wife and similarly another fixed deposit of Rs. 3 lakhs was made
Legal Reasoning
in her name on 24.06.2019. It was submitted that in view of these facts, it is highly improbable that applicant has made demand of Rs. 7 lakhs in dowry. Learned Senior counsel has referred the statement of bank account of applicant, which has been annexed as Annexure-13, wherein applicant has transferred money in account of brother of deceased and other family members on various occasions in the sum of Rs. 35,000/-, Rs. 20,000/- etc. It was submitted that in fact after incident the dispute has taken place over return of the amount lent by the applicant and thereafter first information report of this case has been lodged. It is further submitted that the allegation that applicant was having illicit relations with some other lady is false and it cannot be considered as a material evidence for purpose of Section 304B IPC. Referring to facts of the matter and statement of witnesses, it was submitted that there is no credible evidence against the applicant and that now the applicant is languishing in jail since 14.06.2022, having no criminal history, and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that applicant is husband of deceased and that there is evidence that deceased was being harassed by applicant and his family members on account of dowry. It was submitted that at the time of incident applicant was present at the house of informant in relation to attending the marriage of the brother of deceased and that aluminium phosphide poison was administered by him to the deceased in the night. Regarding delay in first information report, it was submitted that the report of the informant was not registered by the police and thereafter the informant has moved an application under Section 156(3) Cr.P.C, which was registered as a complaint case and against that order, informant has filed criminal revision. It was submitted that sufficient long time has been consumed in the proceedings before the Court. It was due to that reason that there is delay in the information report. Learned counsel for the informant has referred the supplementary counter affidavit and submitted that applicant was having extra marital affairs with other woman and in this connection learned counsel has referred the photographs of applicant, which have been annexed along with supplementary affidavit. It was also submitted that obscene photos of applicant were taken in his mobile phone but the said mobile phone was not seized by the police during investigation. The alleged photos were presented in pen drive but the same was also not seized by the police. Referring to facts of the matter, it was submitted that there is evidence against the applicant to show that he has harassed the deceased on account of dowry. Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed. Let the applicant Ajay Kumar involved in aforesaid case crime, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below subject to following conditions: 1. The applicant shall not tamper with the evidence during the trial. 2.The applicant shall not pressurize/ intimidate the prosecution witness. 3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. 4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. 5.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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. Order Date :- 19.4.2023 A. Tripathi Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad