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PYARE LAL versus STATE OF U.P.

High Court of Judicature at Allahabad

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Pyare Lal v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 137 of 2006 [2006] RD-AH 1137 (17 January 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 19

Crl. Misc. Bail Application No.293 of 2006

Manoj Kumar .....Vs.....State of U.P.

...

Hon'ble Alok Kumar Singh, J.

Heard learned counsel for the applicant and learned A.G.A. and also perused the material on record.

The applicant is involved in case crime No. 835 of 2005, for the offences under Sections 498-A, 304-B, I.P.C. and Section ¾ Dowry Prohibition Act ,  Police Station Cantt, district Bareilly.

It is alleged that  the marriage  was solemnized on 15.5.2002 and  immediately thereafter all the family members made  an additional demand of dowry  in the shape of a car and when the lady's father expressed his inability then they insisted at least for motorcycle and fridge. They also did not permit her to go to mother's place. In the meanwhile two children also  born out of the wedlock. Ultimately on 2.9.2005 the lady was killed. The report  was lodged  on 3.9.2005 at 7.20 p.m. against six persons of the family of in-laws including husband (applicant). In the post mortem one Ligature mark was found and the cause of death was reported to asphyxia due to hanging.    

Against  the genuineness of the prosecution case and the proposed evidence as also  the involvement  of the accused it was argued  that in such cases the conduct of the husband, if any, has to be taken into account. It was emphasized  that the lady committed suicide by hanging from pelmet of the door. Immediately thereafter the doctor was called from the near by place who declared her dead. Meanwhile information was immediately given to the lady's father   at 7.16 p.m. On their landline phone No.011-25356211. Two more calls were made at 8.00 p.m. and 9.00 p.m. on the same number. In support of the contention the detail chart of the calls made (annexure-4) has been filed. The police was also immediately informed at 9.05 p.m. vide G.D. entry No. 50  (annexure-6). The body was inquested upon by the police. The victim's father was also present at the time of preparation of inquest report and he also signed it. At that time he had no objection. The attention of the court was drawn towards the post mortem report wherein no ante mortem injury except ligature mark  measuring 32cmx2 cm with a gap of  3cm on left side neck was found. According to learned counsel the presence of gap in the aforesaid ligature mark is suggestive of committing of suicide by hanging. Besides his bonafide conduct, it was argued that otherwise also they are bald allegations in respect of making additional demand of dowry and consequent harassment immediately before death due to non fulfillment of the same. It was further argued that there is no proximity between the two. According  to own allegations made in the F.I.R. the last visit of the victim's father was a month before the incident, when according to him insistence was  allegedly made for additional dowry. The bail was rejected by the learned Sessions Judge mainly on the ground that the bail of co-accused ( father-in-law) has been refused  by that court and therefore in view of the facts and circumstances there is no good ground for granting bail to the husband also. The bail was, however, opposed  by the learned A.G.A.

The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering with 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, significantly bald allegations in respect  of additional demand of dowry and consequent harassment, absence of a live link between the alleged demand of dowry and consequential cruelty  immediately before the death ( if alleged incident  of cruelty  is remote in time and has become stale enough not  to disturb the mental equilibrium it would be of no consequence), the conduct  of the husband in giving immediate information to victim's father as well as the police, 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.  

Dt. 17.1.2006.

Rkb.


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