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Sardar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 21141 of 2004 [2005] RD-AH 7455 (13 December 2005)


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Court No. 19

Crl. Misc. Bail Application No.  21141 of 2004

Sardar.....Vs.....State of U.P.


Hon'ble Alok Kumar Singh, J.

Heard Sri Pratap Kanchan Singh, learned counsel for the applicant and also the learned A.G.A.

The applicant is involved in case crime No. 89 of 2004, for the offences under Sections 498A, 304B IPC, and ¾ Dowry Prohibition Act Police Station Pailani District Banda. The counter and rejoinder affidavits have been exchanged.

It is alleged that a marriage was solemnized on 16.5.2003. After 15 days of the marriage the victim came to her mother's house and told that her husband, mother-in-law and father-in-law are demanding motor cycle and golden chain weighing one Tola. When the in-laws came to take her, they also insisted for these two things. The victim was not ready to go with them. But some respected persons of the village persuaded her and she went to in-laws' house. After 15 days the victim again sent the same information. Her father ( complainant ) went to meet her and came back. Then befoe Holi festival his nephew brought her with him when he found that she was being beaten by her husband. Thereafter, the victim's father-in-law came to take her back during Navratri and assured the complainant that there would not trouble for the victim. She came with her father-in-law. On 21.4.2004 at about 2 p.m. Asha Ram (cousin of applicant)informed that the victim has received serious burn injuries and has been taken to hospital for treatment. But when the complainant reached there he found her dead. He went to the police station to lodge report but was sent back. Then he sent registered application to the higher authorities but no action was taken. Ultimately he lodged the FIR on 11.5.2004 at the police station Pailani, district Banda.

As against the genuineness of the prosecution story and proposed evidence, it is argued that applicant ( husband ) earns his livelihood in Gujrat. His wife was also desiring him to take her with him but due to non availability of residential accommodation and poor economical condition the husband was not able to oblige his wife. Due to this reason she set her on fire. This would be evident from the circumstances that followed and the circumstances never speak lie while human beings can. The applicant (husband) immediately rushed to the hospital and also informed his In-laws who came to the hospital and subsequently one of them also participated in the proceedings of inquest report and there was no complaint or protest from the side of complainant. But after a lapse of about 20 days however, he lodged a false typed report implicating all the family members [( father-in-law, mothering-law, husband and brother-in-law (Devar)], under political influence after consultation. On the very next day applicant's father sent an application to S.P., Banda by registered post seeking relief, Annexure- 12 of Supplementary-affidavit. It is emphasized that there is no dying declaration indicating any involvement of the applicant. There is also not a single witness of that village. The accused and his family members did not run away from their house. They remained present there which shows their bonafide conduct. The incident of burning took place on 22.4.2004 at 9.05 a.m. in village Pailani, Police station Pailani  from where the applicant immediately took his wife to district hospital Banda after covering a distance of 70 kms. and reached there at 11.05 a.m.. At 2.10 p.m. however, she died. Her post mortem was got performed at 3.45 p.m. at Banda wherein no ante mortem injury was found except burning. In Inquest report also no other injury was found except burn injury. It is further emphasized that this marriage was got settled with the help of one Chunnu who has stated under Section 161 Cr.P.C. that the marriage was settled without any exchange of dowry, because both the parties were poor. It is said that the parents of the victim were not in position to meet the alleged demand of motor cycle and golden chain because of their poverty. It is further pointed out that as is evident from the FIR itself that the victim went to her in-laws lastly  around 21/22.3.2004 during Navratri while the death occurred after about a month that is, 21.4.2004.

Thus thee is no live link between the two ingredients-cruelty and death. According to the principle laid down by Hon'ble Apex Court there must exist a proximate and live link between the effect of cruelty based on dowry demand and the death concerned. If the alleged incident of cruelty, if any, is remote in time and has become stale enough not to disturb the mental equilibrium, it would be of no consequence.

The bail is however, opposed by the learned A.G.A. on the ground that the marriage was solemnized within seven years and the victim died an unnatural death. Therefore, presumption to be taken against the applicant who is more accountable in comparison of other family members.

The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction of the Court regarding proposed evidence and genuineness of the prosecution case were duly considered.

 In view of the entire facts and circumstances of the case, taking into  consideration some of the arguments advanced on behalf of the applicant in respect of the points discussed herein above, without prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicant be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court.




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