Dharmendra Solanki v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48509 of 2023 Applicant :- Dharmendra Solanki Opposite Party :- State of U.P. Counsel for Applicant :- Satyaveer Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Satyaveer Singh, learned counsel for the applicant and Sri Ravi Kant Kushwaha, learned AGA for the State-respondent.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 200 of 2023, under Sections 498-A, 304-B IPC & 3/4 D.P. Act, Police Station-Khurja Dehat, District-Bulandshahr, during pendency of the trial in the court below.

¶3FIR of the present case was lodged against applicant and his family members and according to the FIR, marriage of the son of the applicant was performed with the daughter of the informant on

22.04.2023 and after marriage, applicant and his family members tortured her for additional demand of dowry of Rs. 5 lacs and Swift Car and on 27.07.2023 informant received an information that his daughter has died. It is further mentioned in the FIR that his daughter was having pregnancy of about two months.

¶4Learned counsel for the applicant submitted that applicant is the father-in-law of the deceased and on the basis of false allegation of demand of dowry and torture, he has been made accused in the present matter. He further submitted that marriage of the son of the applicant was performed on 22.04.2023 and when on 10.07.2023 ultrasound of the deceased was conducted then it was revealed that she was having pregnancy of more than 12 weeks' and, therefore, it was revealed to the son of the applicant that even before the marriage, she became pregnant and thereafter some dispute arose between husband and wife and it appears that due to dispute, wife committed suicide by hanging herself.

¶5He further submitted that even during investigation, when the statements of the witnesses were recorded then they also stated that some dispute was existing between husband and wife. He further submitted that post-mortem report of the deceased suggests that she died due to hanging.

¶6He further submitted that bail application of mother-in-law of the deceased has already been allowed by co-ordinate Bench of this Court and on merit, case of applicant is at par with her.

¶7He further submitted that applicant is not having any criminal history and he is in jail since 19.08.2023.

¶8Per contra, learned AGA although, opposed the prayer for bail but could not dispute the fact that applicant is the father-in-law of the deceased and there is no specific allegation against him and deceased died due to hanging and bail application of mother-in-law has already been allowed by co-ordinate Bench of this Court.

¶9I have heard learned counsel for the parties and perused the record of the case.

¶10Considering the fact that applicant is the father-in-law of the deceased and deceased died due to hanging and there is no specific allegation against him and bail application of mother-in-law of the deceased has already been allowed by co-ordinate Bench of this Court, in my view, applicant is entitled to be released on bail.

¶11Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶12Let the applicant-Dharmendra Solanki be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶13In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶14It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 9.11.2023 KK Patel High Court of Judicature at Allahabad