High Court
Case Details
Neutral Citation No. - 2025:AHC:18425 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47581 of 2024 Applicant :- Mitthu Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Legal Reasoning
1. Heard Sri Surendra Mohan Mishra, learned Advocate holding brief of Sri Sandeep Kumar Chaturvedi, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 405 of 2024, under Sections 80(2), 85, 115(2), 352, 351(2) B.N.S. and Section 3/4 D.P. Act, Police Station Nichlaul, District Maharajganj during pendency of the trial. 3. FIR of the present case was lodged against applicant and his family members on 09.08.2024 and according to the FIR marriage of the applicant was solemnized with the daughter of the informant about four years before and after marriage applicant and his family members tortured her for dowry and on 03.08.2024 they committed her murder. 4. Learned counsel for the applicant submits, on the basis of false allegation applicant who is husband of the deceased, has been made accused in the present matter along with his family members. 5. He further submits, from the FIR it reflects that informant did not disclose what was demand of dowry and this fact clearly suggests that FIR is based on vague allegation of demand of dowry and actually it is a case of dowry death. 6. He further submits, actually applicant did the private job outside his native place and deceased resided in her matrimonial home along with parents of the applicant and parents of the applicant are not physically fit, therefore, she always insisted to live along with applicant but considering the condition of his parents, applicant was not ready for the same and only due to this reason she committed suicide by hanging herself and after her death on the basis of false allegation FIR of the present case was lodged. 7. He further submits, the fact that applicant did private job outside and his parents are physically unfit is even evident from the statement of the informant recorded during investigation, which has been annexed at page-62 of the paper-book. 8. He further submits, post mortem report also suggests that deceased died due to hanging. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 14.08.2024 i.e. for almost six months. 9. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is husband of the deceased and his wife died within five years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but could not dispute the fact that informant did not disclose in the FIR, what was the demand of dowry. However, learned AGA pointed out that when her statement was recorded during investigation then she disclosed that there was demand of two wheeler. 10. Learned AGA further could not dispute the fact that even from the statement of the informant recorded during investigation it reflects, applicant did private job outside his native place and his parents are physically unfit. He further could not dispute, deceased died due to hanging. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, applicant is husband of the deceased and his wife died within five years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but from the FIR it reflects that informant did not disclose, what was demand of dowry however, in her statement recorded during investigation she disclosed there was demand of two wheeler. Considering this fact, the argument advanced by learned counsel for the applicant that FIR of the present case is based on vague allegation of demand of dowry and during investigation informant developed the case and actually it is not a case of dowry death, cannot be ruled out at this stage. 13. Further, even from the statement of informant recorded during investigation it also reflects that applicant did private job outside his native place and his parents are physically unfit, therefore, considering this fact, the defence taken by the applicant in the instant bail application cannot be completely brushed aside at this stage specially considering the fact that deceased died due to hanging. 14. Further, applicant is not having any criminal history and in the present matter he is in jail since 14.08.2024 i.e. for almost six months. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant - Mitthu Sharma 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. 18. 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. 19. 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 :- 7.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad