Dharmendra v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56465 of 2021 Applicant :- Dharmendra Opposite Party :- State of U.P. Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.236 of 2021 at Police Station-Dilari, District-Moradabad under Sections 498A, 304B, 323, 504 I.P.C. and Section 3/4 of Dowry Prohibition Act. The applicant is in jail since

02.09.2021. The bail application of the applicant was rejected by the learned trial court on 27.10.2021. The following arguments made by Shri Mohak Anand, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA from the record, entitle the applicant for grant of bail:

¶1The applicant is the husband of the deceased.

¶2The applicant did not torture the deceased or demand dowry.

¶3The applicant had suffered some setbacks in his business, and could not cater to the extravagant demands of the victim.

¶5The victim was a temperamental lady who was prone to extreme reactions even over trivial issues.

¶6The deceased became depressed when the applicant could not accede to her wishes.

¶7On the fateful day, the deceased succumbed to depression and took the extreme step of ending her life. She committed suicide by hanging.

¶8The postmortem report opines the cause of death as asphyxia due to antemortem hanging.

¶9Injuries depicted in the postmortem report consistent with hanging are:

(i) Nature of ligature mark.

(ii). The hyoid bone was intact.

¶10The applicant did not aid or abet the suicide.

¶11Prosecution evidence do not connect the applicant with the offence.

¶12The prerequisite for attracting the presumption and the reversing the burden of proof are not established in the facts and circumstances and evidence of the case.

¶13The applicant does not have any criminal history apart from the instant case.

¶14The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of their influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Dharmendra be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 16.10.2023 Dhananjai High Court of Judicature at Allahabad