High Court
Case Details
Neutral Citation No. - 2025:AHC:11725 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45519 of 2024 Applicant :- Amanpal Alias Ritu Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar,Rakesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Legal Reasoning
8. He further submits, post mortem of the deceased suggests that she died due to hanging, therefore, prima facie, it appears to be a case of suicidal death. 9. He further submits, however during investigation Investigating Officer also procured the suicide note of the deceased, which has been annexed at page-62 of the paper-book but from its perusal it could not be reflected that applicant tortured the deceased and he made any demand of dowry and from her suicide note it also cannot be said that applicant was responsible for her death. 10. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 12.08.2024. 11. Per contra, learned AGA opposed the prayer for bail and submitted applicant is husband of the deceased and his wife died within five years of her marriage in her matrimonial home due to hanging and there is also allegation of demand of dowry but could not dispute the fact that neither in the FIR nor in the statement recorded during investigation informant could disclose any specific demand of dowry. 12. Learned AGA however further argued that during investigation suicide note of the deceased was also recovered and from its perusal it reflects that due to the dispute arose between her and family members of the applicant she committed suicide but he could not dispute the fact that from her suicide note also it could not be reflected that applicant was in any manner responsible for her death. 13. I have heard learned counsel for the parties and perused the record of the case. 14. However, applicant is husband of the deceased and his wife died within five years of her marriage in her matrimonial home under abnormal circumstances but neither in the FIR nor in the statement recorded during investigation informant could disclose, what was the demand of dowry, therefore, argument advanced by learned counsel for the applicant that on the basis of vague allegation of demand of dowry applicant has been made accused in the present matter cannot be ruled out at this stage. 15. Further, post mortem report suggests that deceased died due to hanging and during investigation suicide note of the deceased was also recovered, therefore, admittedly it is a case of suicidal death and reason of suicide disclosed by learned counsel for the applicant during the course of argument cannot be completely ruled out after considering the contents of the FIR. 16. Further, even from the suicide note of the deceased it could not be reflected that applicant either tortured her or demanded any dowry from her. 17. Further, applicant is not having any criminal history and in the present matter he is in jail since 12.08.2024. 18. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 19. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 20. Let the applicant - Amanpal @ Ritu Kumar 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. 21. 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. 22. 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 :- 23.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad
Arguments
1. Heard Sri Rakesh Kumar Singh, learned counsel for the applicant and Sri Kunwar Tejandra Bahadur, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 213 of 2024, under Sections 80, 85, 115(2) B.N.S. and 3/4 D.P. Act, Police Station Bhagatpur, District Moradabad during pendency of the trial. 3. FIR of the present case was lodged on 10.08.2024 against applicant and his family members and according to the FIR marriage of the applicant was solemnized with the sister of the informant on 29.06.2020 and after marriage as his sister could not conceive therefore, applicant and his family members started demanding additional dowry and tortured her and on 09.08.2024 informant received an information that his sister has died. 4. Learned counsel for the applicant submits, however, applicant is husband of the deceased but on the basis of false allegation of torture and demand of dowry he has been made accused in the present matter. 5. He further submits, actually deceased even after four years of her marriage could not conceive, therefore, some times family members of the applicant told her in this regard and people of the society of the deceased also passed comment upon her and only due to this reason she hanged her. 6. He further submits, in the FIR also it has been mentioned by the informant that deceased could not be conceived therefore applicant and his family members started making demand of dowry, therefore, defence taken by the applicant also finds support from the FIR. 7. He further submits, neither in the FIR nor in the statement recorded during investigation informant could disclose, what was demand of dowry, therefore, it reflects, on the basis vague allegation of demand of dowry, applicant has been made accused in the present matter.