High Court
Case Details
Neutral Citation No. - 2025:AHC:24479 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46626 of 2024 Applicant :- Mohd Eliyash Hashmi Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Dubey,Shri Nath Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant and counter affidavit filed by State-respondent are taken on record. 2. Heard Shri Santosh Kumar Dubey, learned counsel for the applicant and Shri Pradeep Kumar, learned A.G.A. for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.244 of 2024, under Sections 498-A, 304-B IPC and Sections 3/4 D. P. Act, Police Station Badagaon, Gomti (Commissionerate Varanasi), District Varanasi, during pendency of the trial in the court below.
Legal Reasoning
4. FIR of the present case was lodged on 24.06.2024 against applicant and his family members and according to the FIR, marriage of the applicant was performed with the daughter of the informant on 07.05.2022 and after marriage, applicant and his family members tortured her for demand of Rs.5,00,000/- and a bullet motorcycle and on 17.06.2024 informant received information that her daughter is serious and when she arrived at her matrimonial home then found that her dead-body was lying.
Legal Reasoning
5. Learned counsel for the applicant submits, however, applicant is husband of the deceased but on the basis of false allegation of demand of dowry and torture, he has been made accused in the present matter alongwith his family members. 6. He further submits that actually deceased was short-tampered lady and on minor issues, she used to quarrel with the applicant and his family members and on the date of incident on petty matrimonial issue, she became hyper and in rash, she consumed some poisonous substance and died. 7. He further submits that immediately after the incident, applicant informed the police and information was also given by him to the informant and on his information, inquest was conducted and this fact is even evident from the inquest report, which has been annexed alongwith the instant bail application. 8. He further submits that however, deceased died on 17.06.2024 and on the same day informant arrived at her matrimonial home but inspite of that, she lodged the FIR of the present case on 24.06.2024 i.e. after seven days and this delay in lodging the FIR of the present case shows that actually FIR is based on false and frivolous facts and it is not a case of dowry death. 9. He further submits that however, during post-mortem cause of death of the deceased could not be ascertained and her viscera was preserved but now viscera report is on record, which has been filed by the State through counter affidavit and from its perusal, it reflects, deceased died due to the consumption of insecticide, therefore, at this stage, it cannot be said that it is not a case of suicidal death. 10. He further submits that applicant is having no criminal history and he is in jail in the present matter since 05.09.2024 i.e. for last more than five months. 11. Per contra, learned AGA however opposed the prayer for bail and submits that applicant is husband of the deceased and his wife died within two years of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of demand of dowry but could not dispute the fact that FIR of the present case was lodged after seven days. 12. He further could not dispute the fact that on the information given by applicant inquest was conducted. 13. He further could not dispute the fact that as per the viscera report, deceased died due to consumption of insecticide. 14. I have heard learned counsel for both the parties and perused the record of the case. 15. However, applicant is husband of the deceased and his wife died within two years of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of demand of dowry but it reflects, FIR of the present case was lodged after seven days and no explanation in this regard has been given by the informant. 16. Further, from the inquest report, it reflects that the same was conducted on the information of the applicant and he is also one of the inquest witness and this fact shows his bona-fide. 17. Further, from the viscera report, it reflects, deceased died due to consumption of insecticide, therefore, at this stage, it cannot be said that it is not a case of suicidal death and reason of suicide given by learned counsel for the applicant during the course of the argument, cannot be ruled out at this stage. 18. Further, applicant is having no criminal history and he is in jail in the present matter since 05.09.2024 i.e. for last more than five months. 19. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 20. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 21. Let the applicant- Mohd Eliyash Hashmi, 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. 22. 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. 23. 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 :- 19.2.2025/Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad