Allahabad High Court
Amit Kumar Patel vs State Of U.P. on 27 July, 2022
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6568 of 2021
Applicant :- Amit Kumar Patel
Opposite Party :- State of U.P.
Counsel for Applicant :- Sumit Kumar Srivastava
Counsel for Opposite Party :- G.A.,Ashok Kumar Srivastava
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant, Sri Ashok Kumar Srivastava, learned counsel for the complainant as well as Sri Pracheesh Pandey, learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 807 of 2020, under Sections-498-A, 304-B I.P.C. & 3/4 of Dowry Prohibition Act, Police Station-Kotwali Nagar, District-Pratapgarh.
Learned counsel for the applicant submitted that accused-applicant is innocent and has been falsely implicated in the instant case.
He submitted that the applicant is in jail since 07.10.2020 and possibility of conclusion of trial in near future is extremely bleak. It is stated that this is a case of suicide. In continuation it is stated that the deceased expired on 11.09.2020 and thereafter, the said information was given to the family members of the deceased including the informant-Banwarilal. The informant is the witness to the inquest and at the time of inquest, the informant or any other family members of the deceased has not levelled any allegation regarding demand of dowry and committing cruelty on account of non-fulfillment of the same and the reason of suicide based upon the same.
It is next submitted that as per inquest report, the deceased expired on account of consuming the poison and after process of inquest the post-mortem was conducted on 17.09.2020 and cause of death could not be ascertained as such the Viscera was preserved. As per Viscera Report, the Organophosphorus insecticides poison was found by the Expert.
He further submitted that in the FIR allegation related to demand of dowry are vague and to support the story of the prosecution, the witnesses of prosecution, during investigation, have given omnibus statements before the Investigating Officer.
He further submitted that on account of some financial crunch during COVID-19 Pandemic the deceased consumed poison resulting the death of the deceased.
He further submitted that to constitute an offence under Sections 304-B and 498-A the prosecution has to allege and prove beyond doubt the allegation regarding making the demand of dowry and that the deceased was subjected to harassment/cruelty in connection with dowry demand soon before her death by cogent evidence, which is missing in the present case and except the allegations made in the FIR and statements of family members of the deceased there is no other evidence available with the prosecution to support its case.
It is also stated that the marriage between applicant and deceased was solemnized on 28.04.2017 and the deceased expired on 11.09.2020 and in relation to this period i.e. during life time of the deceased, no witness of prosecution has stated that the issue of demand of dowry or cruelty by the applicant or his family members was raised and for this purpose social meeting was convened or complaint/report was made before the Competent Authority. On the other hand, timely information from the side of the applicant about the death and report of Autopsy Surgeon as also the fact that the informant, the witness of inquest, has not levelled any allegation at relevant time coupled with the fact already stated in clear terms indicates the innocence of the applicant. In support of his case, learned counsel for the applicant placed reliance on the judgment passed by the Hon'ble Apex Court in the case of Satbir Singh & Another vs. State of Haryana reported in (2021) 6 SCC 1 and the judgment dated 18.10.2021 passed by the High Court of Chhatisgarh in the case of Kapil Barman and 2 Others vs. State of Chhattishgarh in C.R.A No.611 of 2015 reported in 2022 CriLJ 547.
It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may otherwise misuse the liberty of bail.
Sri Pracheesh Pandey, learned A.G.A. as also Sri Ashok Kumar Srivastava, learned counsel for the complainant opposed the prayer for grant of bail on the ground that the marriage of the deceased was solemnized in the year 2017 and the deceased had expired within seven years of marriage and this death is unnatural death, as such, the offence as indicated in the FIR is made out against the applicant. Prayer is to reject the bail application. However, they could not dispute the above contention made by the learned counsel for the accused-applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind the period of incarceration as also the judgment on the issue and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant- Amit Kumar Patel be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 27.7.2022
Vinay/-
