Anil Kumar v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44203 of 2023 Applicant :- Anil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Amar Jeet Upadhyay 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.86 of 2023 at Police Station-Rohta, District-Meerut under Section 498A, 323, 304B IPC and Section 3/4 of Dowry Prohibition Act. The applicant is in jail since 24.07.2023. The bail application of the applicant was rejected by the learned trial court on 03.10.2023. The following arguments made by Shri Amar Jeet Upadhyay, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Rishi Chaddha, learned AGA from the record, entitle the applicant for grant of bail:

¶1The applicant is the father-in-law of the deceased.

¶2The applicant never demanded dowry nor did he harass the victim.

¶3The applicant did not interfere in the marital life of the victim and her husband. The applicant is bereaved by the death of his daughter-in-law.

¶4The deceased was a temperamental lady who was prone to extreme reactions over trivial issues.

¶5On the fateful day, in a fit of rage over a minor disagreement with a member of household she took the extreme step of ending her life. She attempted to commit suicide by hanging on 19.06.2023. The victim was immediately saved by the applicant and his family members and rushed to the hospital by them. Thereafter, the victim was admitted to hospital for further treatment on 26.06.2023. She was under treatment for one week and died during the treatment on 03.07.2023.

¶6The applicant did not abet or instigate the deceased to commit suicide.

¶7The prerequisites for attracting the presumption and reversing of the burden of proof are not established in the facts and circumstances and evidence of the case.

¶8The applicants claim congruency in role and seek parity in relief granted to the co-accused Smt. Asha who has been enlarged on bail by this Court by order dated 15.09.2023 in Criminal Misc. Bail Application No. 40336 of 2023.

¶9The applicant does not have any criminal history apart from this case.

¶10The 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 his 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-Anil Kumar 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 :- 17.10.2023 Vandit High Court of Judicature at Allahabad